An Italian national accused of filming upskirt videos of women in Canberra can leave the country after the prosecution agreed to the return of his passport.
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But it is unclear if Daniele Alaimo will return to stand trial, with his solicitor telling the ACT Supreme Court his client was “not returning” to Australia.
The 25-year-old’s visa expired earlier this month and his bridging visa is also set to elapse.
And with the office of the Director of Public Prosecutions deciding not to apply for a costly criminal justice visa Alaimo is now set to be deported next week.
But the prosecution may still seek to have the man brought to trial if they desire by seeking a warrant for his arrest and extradition.
DPP Jon White declined to comment on the case earlier this afternoon, saying it was still before the court.
Alaimo has been on strict bail conditions banning him from going within 100 metres of an airport and seizing his passport since his arrest earlier this year.
The allegations against him came to light in July this year after a 17-year-old girl allegedly found him filming her with his phone under a change room partition.
Police allegedly found more photos and videos on his phone and computer.
Alaimo was charged with 14 counts of committing acts of indecency.
All but one related to women the police have been unable to identify.
He was committed to stand trial in the ACT Supreme Court earlier this month after his lawyer conceded there was a “prima facie” case to answer.
A criminal justice visa would have allowed Alaimo to remain in Australia pending the outcome of the trial.
But such a trial is unlikely to take place before later next year, and the DPP would have been required to foot the bill for a criminal justice visa.
Such a visa would have cost the equivalent of a Commonwealth government NewStart allowance.
And with any trial unlikely to get underway before late next year the cost to Canberra tax payers would be substantial.
The prosecution did not oppose the return of Alaimo’s passport and the lifting of the airport condition.
Alaimo is now expected to report to the Department of Immigration and Citizenship on Friday morning, and it is anticipated he will then be returned home.
It is understood he will be placed on a watch-list in case he attempts to re-enter the country.
The court heard the prosecution has indicated it will seek a warrant for his arrest if he tries to re-enter the ACT.
Acting Chief Justice Richard Refshauge agreed to the variations and dispensed with the $2000 surety.
But he declined to dispense with bail entirely, meaning Alaimo remains barred from contacting the identified alleged victim or entering the Canberra Centre.
The stripped-back bail undertaking requires Alaimo to attend the ACT Supreme Court “as and when required”.
Alaimo will stay with a relative in the NSW town of Sutton until his deportation.
