Skip to content

UPDATE: Kelowna Skip the Dishes driver found guilty of sex assault

The accused, Hamid Al Dergham, is a Syrian refugee living in Kelowna
32277543_web1_230330-KCN-hamidclosingstatements-_1
Hamid Al Dergham outside of the Kelowna courthouse. (Jacqueline Gelineau/Capital News)

UPDATE: March 30, 4p.m.

Al Dergham has been found guilty of sexual assault after jury deliberations.

The Skip the Dishes driver was found guilty after a multi-day trial. Sentencing will be handed down at a later date.

ORIGINAL: March 29

After six long days in a Kelowna Supreme Courtroom, a jury heard competing arguments that the Skip the Dishes driver accused of sexual assault should not be believed as he dodged questions, and that the claimant fabricated the alleged incident, in closing statements on March 28 and 29.

The food delivery driver, Hamid Al Dergham, is accused of sexually assaulting a customer on the night of May 3, 2021.

Defence lawyer Michael Patterson asked the jurors, “should (Al Dergham) join the list of people (who have been accused of sexual assault), where people for unknown reasons make up stories, because it is so easy to allege something, and wear that predator badge.”

Patterson told the jury that the claimant, who will be referred to as Jane Doe to protect her anonymity due to a publication ban, created a “base lie” that Al Dergham grabbed her crotch, breasts and attempted to kiss her on the night in question.

Doe testified earlier in the trial that she had ordered McDonalds through Skip the Dishes and said that when the food was delivered, a short conversation took place between her and Al Dergham before the alleged assault.

She said that Al Dergham told her he was planning to return to her house later in the night so she called a friend and spent the night at a friend’s house.

Doe testified that she did not give out her phone number to Al Dergham and assumed he must have had access to her contact information as a Skip the Dishes driver, as she had been called by drivers for past deliveries.

When called to the stand, Al Dergham spoke through an Arabic translator and denied all allegations of inappropriate touching. He alleged that Doe initiated the conversation before entering her number into his phone.

A series of WhatsApp messages between Al Dergham and Doe were submitted into evidence. The accused sent a series of messages to Doe between 9 p.m. on May 3, after the delivery, and 2 p.m. on May 4. Al Dergham sent a message at approximately 1 a.m. asking if he could come over to Doe’s house. He continued to message without reply before attempting to call Doe at 2 p.m.on May 4.

After the phone call, Doe replied for the first time with the message “Stop contacting me… I ordered food, not to be sexually assaulted,” to which Al Dergham replied “I’m sorry, it won’t happen anymore.”

On the stand he explained that what he meant to say is, “I am sorry, this will not happen again.”

Crown counsel suggested to him that he was apologizing for the assault, which Al Dergham denied, alleging instead that he was apologizing for the messages and phone call.

“Should an innocent man be convicted and be labelled as a sexual predator for writing the wrong answer to a WhatsApp message?” asked Patterson in his closing statement.

He told the jury that there is no hard evidence of the assault and that Doe should not be believed on her word alone.

“The stench that comes from a fabricated allegation has the potential to cause significant harm to the accused,” said Patterson.

When Crown counsel delivered closing statements, she asked the jury, “why would [Al Dergham] be sorry for messages? According to him, she asked him to message her.”

Crown’s position is that the apology message is the answer of someone who realized that they made a big mistake. She told the jury that Doe should be believed as her testimony was consistent, particularly in regards to the unwanted touching, while Al Dergham’s testimony changed over the two days of cross examination when asked to recall details of the night in question.

She also suggested that Al Dergham speaks more english than he has led the court to believe.

The judge will deliver a ‘charge’ to the jury on the morning of March 30, to inform them how to act in making decisions about the case before the jury deliberation begins.

Capital News has reached out to Canada Border Services Agency for more information on what a guilty verdict could mean for a Syrian refugee like Al Dergham, and if they are aware of the case.


@Rangers_mom
Jacqueline.Gelineau@kelownacapnews.com

Like us on Facebook and follow us on Twitter and subscribe to our daily and subscribe to our daily newsletter.



Jacqueline Gelineau

About the Author: Jacqueline Gelineau

I'm a reporter in the beginning stages of my career. I joined the team at Capital News in November 2021...
Read more