An engineering student from Mauritius charged with sexually penetrating an incapable person in January is waiting on a home detention report to determine whether he can be placed on bail. Sanjay Ujoodha appeared before the Karratha Magistrates Court on July 21 via video link from Roebourne Regional Prison, charged with three counts of sexually penetrating an incapable person. An incapable person is defined under section 330 of the Sexual Offences Act as a person who is so mentally impaired as to be incapable of understanding the nature of the act or of guarding him or her self against sexual exploitation. The offences are alleged to have occurred in Merriwa on January 31. The court heard Mr Ujoodha was in custody after failing to meet his bail condition to hand over his passport. His lawyer, Haley Allan said when bail was made, the magistrate was aware Mr Ujoodha would be unable to meet the condition to hand over his passport. She said his passport was stolen the day before his arrest. Ms Allan was seeking a bail variation for her client so he could participate in his engineering exams. “He is from Mauritius and has been here three years,” she said. Ms Allan said her client was seeking the clause to handover the passport to be removed. Magistrate Janelle Scutt ordered a home detention report to be completed. “The issue is the bail conditions were set by Magistrate (Gavin) MacLean who would have been aware of the stolen passport,” she said. He is due to appear before the Rockingham Courthouse via video link from Roebourne Regional Prison on July 27 for a bail variation hearing. The home detention report is still under consideration by the magistrate.