A Toowoomba taxi driver who allegedly followed a female passenger into her bedroom and began kissing her has pleaded not guilty to sexual assault.
Tariq Ali, 45, was supported by his wife when he appeared in the District Court in Toowoomba on Monday.
He was charged with the assault of a passenger, who cannot be named for legal reasons.
Crown prosecutor Emily Coley told the court during her opening remarks in front of Judge Paul Smith that Mr Ali had allegedly picked up the woman about 3am on August 16, 2020.
"She didn't know Mr Ali," Ms Coley said.
"The complainant got in after 3am to go home.
"She had been on a night out with friends … she had gone to see a band at the Powerhouse ... gone to Fitzy's … and ended the night at the Cube."
Ms Coley told the jury – consisting of five women and seven men, alongside two reserves – that the woman was upset when she hopped in the taxi alone as she had earlier in the night seen her ex-boyfriend with another woman.
"She was drunk and upset," Ms Coley said.
"The taxi had a camera recording … and that captured her get in and drive to her house, about six minutes away."
Ms Coley said the woman was quiet for part of the drive, but started crying, apologising to Mr Ali.
"He tried to comfort her … and when at her house he hugged her," she said.
"He got out … went to her side of the car and hugged her."
Ms Coley told the court the complainant did not have the best recollection of what happened next, but knew she got inside and into her bedroom.
"She does remember what happened in the bedroom," she said.
"She wound up in bed … the defendant was on top of her and started to kiss her.
"When this happened, she moved her head away to stop him kissing her lips.
"She told him no … and he eventually stopped."
Ms Coley told the court Mr Ali asked the woman for her number, though she gave him a false number.
"The defendant left her after this and returned to the taxi," she said.
"He had been away from it for seven minutes."
The court heard the woman then messaged several friends, including her ex-boyfriend, who came to her home.
Ms Coley told the court one message to a friend read "the cabbie, he took me inside while I was crying. He put me to bed and started kissing me".
She said the ex-boyfriend arrived at the woman's house before he phoned police about the alleged incident.
They attended the woman's home about 5am.
Other police officers then returned later that day where a swab was taken from the woman's face.
"It was positive for the possible presence of saliva, but it was complex and couldn't be tested for DNA," Ms Coley told the court.
The woman was expected to give evidence to a closed court on Monday afternoon, with the rest of the trial expected to last three to four days.
Mr Ali is being represented by barrister Kevin Kelso, who will present the case for the defence later this week.
Mr Ali was also supported in court by a Hindi translator.
