Financial consultant ordered to live with parents before trial over sexual assaults, bad cheques
Mark Steven Sarian on Thursday pleaded not guilty to 49 charges, including 38 counts of sexual intercourse without consent, which relate to 12 women who allege they were fraudulently induced into sexual activity.
The Crown alleges that over a five-month period in 2024, he agreed to pay the women for specified sexual acts either by cheque or deposit before blaming bank delays, promising to try another transfer when one failed, or complaining about their services.
The 36-year-old's legal team will argue that he had a genuine intention to pay the complainants when he faces a trial next June, which is estimated to run for up to five weeks.
Amendments to NSW law in 2022 aimed to better cover circumstances involving consent where participation in sexual activity is tied to so-called "fraudulent inducements".
During a bail application on Thursday, the NSW District Court heard Mr Sarian told police, on body-worn camera: "They're just hustling me for cash."
The Crown argued Mr Sarian had "no intention to pay" and handed over cheques to the first six complainants from a bank account that had been closed for over a decade.
"The Crown submission is he has a compulsive determination to continue that offending," Crown prosecutor Ross Stainer said.
The court heard that when two of the women confronted him, Mr Sarian complained about being "taken for a ride".
"I wasn't given the service … It wasn't very entertaining. I'm trying to f****** teach her how to run her business," he allegedly said.
"You just took me for a f****** ride and so I decided not to pay you."
Mr Stainer argued that this approach continued when other complainants pursued him and Mr Sarian "lecture(d) them about how to run a business".
Some complainants were paid from different accounts where a transaction appeared to be pending but it contained insufficient funds, the court heard.
Another woman was asked by Mr Sarian for an invoice and was also "lectured", while one even opened a different bank account at his instruction.
"It's just prevarication, because he had no intention to pay," Mr Stainer argued.
The court heard Mr Sarian suggested to the women he was "a powerful person" and he told one of them chasing invoices was part of being an entrepreneur.
"Get used to it," he allegedly said.
Mr Sarian's defence counsel, Michael Gleeson, urged the judge to take a "creative" approach to stringent bail conditions and bestow a level of compassion on his client, given his mother has cancer and has been told she may live for less than 12 months.
Mr Gleeson highlighted his client's community ties, including his father who attended court this week and was willing to welcome Mr Sarian back into the home.
Judge Sharon Harris accepted the Crown case appeared strong, but said a "combination of factors" led her to conclude bail should be granted.
Mr Sarian was handed strict conditions including to not leave the home unless for reasons such as work, medical or legal appointments and to report to police daily.
He is banned from using encrypted messaging platforms, contacting any prosecution witness, consuming any restricted non-prescription substances and must surrender his passport.
He is also prohibited from leaving NSW without court approval.
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