'F##k the police' man walks free from court
WARNING: Extremely offensive language
EXCLUSIVE: A MAN who filmed himself making obscene sexual taunts to police in a shocking foul-mouthed tirade that went viral has walked free from drug charges.
News.com.au can exclusively reveal that Sydney man, Bahaa Youssef, who has "F*** the police" tattooed on his arm, faced court on Friday on four drug charges.
Wearing gold jewellery and a shirt and tie, Youssef, 27, who describes himself on social media as a "Self Made Man", faced Downing Centre local court.
He was charged with three counts of drug possession and one of supply stemming from a police raid four days after he filmed the offensive video.
A Sydney magistrate acquitted him on all four charges, saying it was impossible to establish who owned the 139 grams of cannabis in five resealable sandwich bags in Youssef's flat.
In January this year, Youssef posted a video to Facebook of a rant in which he called police "dogs", saying "F*** the police" and making obscene sexual suggestions to four officers.
In the video, Youssef's arm with the "f*** the police tattoo" can be seen extended in front of the camera, holding up his middle finger as the police van drives off.
The video was filmed near the man's home in Sydney's Redfern after the officers asked Youssef for identification.
It was uploaded online by 2GB radio broadcaster Ray Hadley, and has since had almost a million views.
"Youse know who I am, why do you [need to] see ID?" Youssef asks. "You just walked up to me stating my name."
The video cuts to the police officers leaving as Youssef yells and swears at them, saying, "Look at the dogs.
"Look at him the fat dog, the s*** ganga ... Keep harassing me. F*** your mum, all four of youse," he said.
Hadley posted the video to Facebook saying it had been sent to him by a serving NSW Police officer after it appeared online. "This is what they have to put up with," Hadley wrote next to the post.
NSW Police arrested Youssef and charged him with offensive language. He was fined $500.
A link to the video on Youssef's Facebook page is accompanied by crying with laughter emojis and the 27-year-old's jeering comments at anyone who criticises him
Four days after the video incident, on January 31 this year, detectives executed a weapons warrant on Youssef's Redfern apartment.
Inside they claimed to have found 138 grams of cannabis in resealable plastic lunch bags, a set of scales, a bong and small amounts of the drug in a bowl and a plate by the bed.
Inside the apartment was Youssef's girlfriend, Kyera Feiloakitau, who was never charged in connection with the drugs.
The court heard that Ms Feiloakitua allegedly told police after they knocked on the door, "I never open the door to coppers. I don't trust you. If I had an AK47 ... I would shoot you.
"You are dogs. Wait until I see you out on the street, I will f*** you up."
Police found Youssef in the car park of the apartment block and brought him back to the flat.
Police video of the raid shows him sitting down in the doorway saying, "It's just kif. You chop it up. It's not smokable". It also shows police finding one gram of cannabis in a white bowl next to a pair of scissors on a coffee table.
The five bags containing the larger amount are in a blue bucket on the floor.
Ms Feiloakitau can be heard saying, "Yeah it's leaf, it's stem".
Police laid three possession of a prohibited drug charges against Youssef, of 1 gram, 0.8 grams and 138 grams. They also charged him with supplying a small quantity of drugs.
Youssef's lawyer Pawell Kulisiewicz argued before Magistrate David Price that it could not be proven Youssef was supplying drugs, or that he was in possession of the cannabis.
Magistrate Price agreed that Youssef and Ms Feilokitau were "co-residents" of the apartment rented by Youssef.
Police prosecutor Sergeant Eliane Hong argued that the drugs in the bowl and the plate were "in plain sight" as was the blue bucket containing the five resealable bags.
Sgt Hong read out text messages on a phone police found on Youssef on the day he videoed the obscene tirade on January 27.
One text message on January 22 says, "Hey man, give my number to your friend [man's name]. He wants to do a pick up".
One text at 8.55pm on January 16 referred to "$100" and another at 9.05pm read "I'm down at the park with black shirt".
Mr Price, however, said that possession of a prohibited drug referred to a person having "knowledge of the existence of the drug in his custody or control".
After citing numerous other court cases, Mr Price said Youssef's possession of the drugs could not be established beyond reasonable doubt.
He acquitted Youssef on all drug charges, citing Ms Feilokitau's co-residence and the presence of two men at the apartment who left with Youssef shortly before the police raid.
Mr Price said the fact no DNA evidence could connect Youssef with the drugs was also important.
"It may be viewed by some that this is a potentially unrealistic approach," he said.
"However ... it is a fundamental element of our criminal justice system that the police and the Crown are required to prove each element beyond reasonable doubt."
Mr Price praised police in the court and thanked them for their efforts.
Outside the court, officers involved in the drug investigation referred to Youssef's video, saying "we have to deal with this sort of thing every day".
Upon his acquittal, Youssef yelled out a thank you to the magistrate and cheered as he walked outside to join his friends.
Youssef told news.com.au the raid had been the culmination of continued harassment by police because of his ethnic background and religion.
"Middle Eastern, Muslim? I'm half Syrian. I've been harassed for years." He said he was studying a business diploma and that he was "an orphan".
He also said he was keeping his "f*** the police" tattoo on his left arm.
On his Facebook page, he has the picture of him lifting his middle finger at officers with the words "how to wave at police".
Following the uploading of the video, Facebook users questioned why police weren't more forceful at the time. "Honestly this should not be allowed to happen to any police officer," Mick Stapleton wrote.
"If I spoke to officers that way I'd at least expect to be locked up for the night. How will they ever get respect if they have to stand by and take that?"
"Why is this behaviour being tolerated?" asked Saxon Call. "This is the core of society's problems. No one should be subjected to this at their place of work, let alone the people trying to protect us."
On Bahaa Youssef's Facebook page, he lambasts people who post criticism of him, "I'll shove my hand so far up their that I'll pull a police uniform from your guts". [sic]
He calls another critic a "bogan keyboard warrior" and another a "mad c***".