Skip to content

Kelowna delivery driver charged with sexual assault pleads innocence in court

The six day trial by jury will continue until March 29
32272346_web1_220526-KCN-dhatt-pic_1
Kelowna Law Courts building. (Jacqueline Gelineau/West K News)

A Syrian Skip the Dishes food delivery driver charged with sexual assault of a client took the stand in B.C. Supreme Court to plead his innocence in front of a Kelowna jury on March 27.

Hamid Al Dergham, 51, was charged after events that transpired while delivering an order to a woman in Kelowna on May 3, 2021.

The accused has been using an Arabic translator to communicate in the courtroom and has stated that he only speaks “a little English.”

It is not clear when Al Dergham arrived in Canada or left Syria, but he said that he moved to Kelowna in 2014.

The claimant, who will be referred to as Jane Doe to protect her anonymity due to a publication ban, testified March 23.

She said when Al Dergham delivered her order of McDonald’s, he groped her crotch and breasts and tried to kiss her on the mouth.

While under cross examination, Al Dergham told the court, “I haven’t grabbed any part of her body.”

He denied any allegations of inappropriate conduct between himself and Doe.

WhattsApp messages between Al Dergham and Doe sent that night and the following day have been entered as evidence.

Crown counsel suggested Al Dergham had access to Doe’s cell phone number because of his job with Skip the Dishes.

Al Dergham denied this and testified that Doe had physically entered her number into his phone after they met when he delivered her food.

This contradicts Doe’s testimony and when pressed, Al Dergham stood up in court holding the Quran and asked to take another oath to affirm that he was not given Doe’s phone number as a Skip the Dishes driver.

The judge told him that it would not be necessary, as he has already taken an oath.

Al Dergham alleged that during the food delivery, Doe initiated conversation, entered her number into his phone and using a translator app, asked him for help.

Dergham then sent Doe a series of messages, later that night including “can I visit you now?” at 12:08 a.m. and “please send me a picture of you,” followed by a rose emoji at 1:23 a.m., and messages and a phone call later on May 4.

Doe did not reply to these messages and did not answer the phone call.

Dergham alleged that he didn’t know the rules in Canada, and did not know that it is not customary to send roses simply as a sign of friendship and messages late at night.

“I just want to reiterate that I am innocent,” he testified.

“She was the one that put her number and she told me to message her.

“I just wanted to help her.”

At one point, Doe sent the message, “Stop contacting me… I ordered food, not to be sexually assaulted,”

To which Al Dergham replied, “I am sorry, this will not happen again.”

He said that what he meant was he will not message her anymore, not that he was apologizing for an assault.

Al Dergham remains out of custody during the trial.

The trial continues in Kelowna.



Jacqueline Gelineau

About the Author: Jacqueline Gelineau

I'm a reporter in the beginning stages of my career. I joined the team at Capital News in November 2021...
Read more