Jawad Ehrar drove Kubra Hassani home from Sherwood Train Station to her home in Yeronga about 11pm on April 30, after Hassani had finished work at L’Oreal Australia. During the ride, Ehrar shouted at her, locked the doors of the car and deliberately drove past the appropriate exit to her suburb, according to evidence provided by Hassani to the tribunal.
Hassani said Ehrar told her she was a disgrace to Afghan women and asked where her husband or brother was. He made discriminatory remarks about the Hazara community and Shia Muslims. He also told her that "women like you who walk around uncovered have no place in this world" and "you should be ashamed of being from Afghanistan – you’re a disgrace to us all".
When Hassani said she would call the police, Ehrar told her from outside her home that she could do whatever she wanted before saying "I know where you live".
Hassani suffered a psychological injury and meets the criteria for post-traumatic stress disorder, depression and anxiety, requiring ongoing psychological treatment. She experienced sleep difficulties, loss of appetite, severe anxiety, hypervigilance, migraines, intrusive thoughts and weight loss as a result of the incident. She missed five days of work and moved out of her Yeronga home as she no longer felt safe living there.
Peter Roney KC said Ehrar’s conduct was unprofessional, inappropriate and verging on threatening. "The statement that he knew where she lived, coupled with the implication that she was mistaken if she believed she was safe in Australia, was undoubtedly threatening and may well have warranted police intervention," Roney said.
In statements to the tribunal, Ehrar said Hassani had been the discriminatory one. "I strongly believe that her behaviour and accusations stemmed from her personal bias and prejudice against Pashtuns of Afghan origin, which she expressed through condescending remarks and unfounded accusations during the ride," he said.
Roney rejected this version of events, labelling it a personal counter-attack on Hassani. He noted Ehrar had nothing to back up his claims while Hassani had complained to Uber immediately and gave a statement to police the next day. "I reject this version of his evidence, which is also in conflict with his oral evidence that it was a normal conversation or that he couldn’t recall what was said," Roney said.
Ehrar no longer works as an Uber driver, having found work as an engineer. Hassani sought $30,000 in damages plus $10,000 for future medical expenses. Roney ordered Ehrar to pay $20,000 within 60 days.