DiDi Driver Accused of Kidnapping, Rape Granted Bail After Prosecution Case Weakened
Inconsistencies in evidence and rape kit results led prosecutors to not oppose bail for Amarbayasgalan Yondonlodoi.
A DiDi rideshare driver accused of kidnapping and raping a 17-year-old female passenger was granted bail after prosecutors acknowledged significant "inconsistencies" had emerged, substantially weakening their case.
Amarbayasgalan Yondonlodoi, a Mongolian national, was arrested on June 3 and charged with aggravated sexual assault and taking a person with intent to obtain advantage, causing actual bodily harm. The alleged incident occurred on June 2 when Yondonlodoi, 51, picked up the teenager from Sydney's Upper North Shore to drive her to work. Approximately 20 minutes into the journey, the vehicle allegedly pulled over in North Sydney, and the assault occurred.
Initially, Yondonlodoi was refused bail. However, during an urgent bail application on June 12, the prosecution informed Downing Centre Local Court that they would not oppose his release. A prosecutor stated that "significant change in circumstances" had arisen, making the prosecution case "significantly weaker."
The court heard that data from Yondonlodoi's vehicle conflicted with details in the police statement of facts. Specifically, the alleged victim's ride request was stated to be from the Upper North Shore to her inner-city workplace, but DiDi app data indicated the destination was Miller Street, North Sydney, where she exited the vehicle. Furthermore, the results of a sexual assault investigation kit "revealed no further evidence" of an offense.
Vehicle tracking data showed Yondonlodoi's car remained on major roads and was consistent with the journey from the alleged pickup location to the drop-off point. The prosecution also noted "some issues in relation to the accused's language difficulties and the nature of the conversations" that allegedly occurred.
Judge Greg Grogin granted Yondonlodoi bail on the condition that he surrender his passport, not approach any international departure points, and avoid contact with prosecution witnesses. He was also required to report to Mascot police station three times a week. While Yondonlodoi was granted bail on June 12, court documents on July 30 still marked him as being in jail. He later appeared in court on September 10, when it was suggested the case might not proceed. The matter was adjourned until November, with Yondonlodoi now required to report to police only once a week.
DiDi confirmed Yondonlodoi was immediately suspended from the platform following his arrest and stated they were cooperating with law enforcement. The company has not responded to inquiries about whether Yondonlodoi has returned to work.
Earlier this year, the Administrative Review Tribunal (ART) overturned a previous refusal by the Department of Home Affairs regarding a joint student visa application for Yondonlodoi, his wife, and another relative. The ART found that Yondonlodoi's wife was a genuine applicant for a student visa, leading to his and the other relative's applications being reconsidered as members of her family unit.