Kidnapping charges should be dismissed because there was no intent, says lawyer An accused kidnapper did not see the baby in the rear-facing capsule, his lawyer says. KIDNAPPING charges against a man who accidentally stole an eight-month old baby in a carjacking gone wrong should be dismissed because he did not know the baby boy was in the vehicle, a court has heard. Defence lawyer Tara Hartnett said Gassam "Sam" Chehade, 42, did not see the baby in the rear-facing capsule after jumping into the Ford Falcon with tinted windows in June in a Campbellfield street while his mother was busy nearby. Ms Hartnett told Melbourne Magistrates' Court her client realised the baby was in the car a few seconds later after hearing a noise and, wanting to leave the child somewhere safe, drove a further 2.7km and dumped the baby in the capsule outside a hair salon. Mr Chehade alleges he made eye contact with a woman inside the hairdresser's and pointed at the baby, placing a mobile phone belonging to one of the infant's parents inside the capsule so they could be located. The baby's panicked mother frantically called 000, beginning a huge search for the stolen car and child that involved the police air wing, dog squad, highway patrol units and local officers. The court heard the family was reunited after about 10 minutes. "It goes without saying, Your Honour, it would have been a horrific experience for the parents, but this case and (Mr Chehade's) defence revolves around his intent," Ms Hartnett said. She said a jury could decide whether her client had the required intent to be guilty of the offence of child stealing, but a jury could not rightly conclude he was guilty of kidnapping because he did not use force or fraud to take the child away. Ms Hartnett submitted the kidnapping charge, which carries a maximum penalty of 25 years' imprisonment, should be dismissed. Prosecutor Karen Argiropoulos said the elements of both offences could be made out because Mr Chehade continued to drive once he realised the baby was in the car, instead of removing the child. Magistrate Cathy Lamble found there was sufficient evidence to commit Mr Chehade to stand trial on the six offences of which he was charged. She said the matter of whether he used force to remove the child would be a question for a jury. Mr Chehade pleaded guilty to theft of a motor vehicle and not guilty to kidnapping, child stealing and reckless conduct endangering life. He did not enter a plea in relation to two summary driving-related offences. Mr Chehade made no application for bail and will appear before the County Court for a directions hearing tomorrow.