Judge throws out 'unlawful sex' case
A PAKISTANI man living in Coleraine, accused of having unlawful sexual activity with a child between the ages of 13 and 16, had the case against him dismissed last week.
Just before Shakir Raza (36) of Hazeldene Drive, was due to give evidence at North Antrim Magistrates’ Court last Friday his barrister, Neil Moore, made a successful application to have the case dropped after a number of inconsistencies were found in evidence given by the alleged injured party and a witness.
The charge against Raza related to an incident on February 22 last year.
The alleged injured party, who was only 15 at the time of the incident, and cannot be named, claimed that Raza pestered her and a friend as they were leaving work at a Coleraine takeaway.
The teenager said Raza had asked her and her friend if they needed a lift home.
The girls refused the offer and walked towards the railway gates at the Bushmills Road.
The teenager claimed Raza stopped the pair again, at the Station Arcade, to ask them if they wanted a lift.
At this point, she said, they both got into the car.
Court heard that Raza is alleged to have dropped one of the girls home and continued to the other’s address.
The alleged victim told the court: “There was only me and him in the car.
“I showed him where to turn...but he drove on, and turned into CP Hire car park.
“He turned off the car at the entrance and asked me for a kiss.
“I turned away from him and looked out the window. He grabbed my arm and turned me towards him. He put his left hand down my top and felt my breast. I managed to push him off.”
The girl claimed that the door of the car was locked and that Raza has asked her for oral sex in return for 100.
She claimed that as she got out of the car Raza said: “I didn’t do this, you brought this on yourself.”
During cross examination by barrister, Mr Moore, the girl denied sending messages, including a picture of a penis, to Raza via bluetooth from her mobile phone.
Mr Moore asked the girl why there was a different chronology of the events of the night in her police statement to what she had told the court.
Reading from her statement, Mr Moore said she had claimed that Raza had asked her for oral sex first before grabbing her elbow.
She replied: “It was ages ago, I got confused.”
Under further questioning she added that she had not said anything about the alleged incident until the following day when she had told her mum after returning from school.
During cross examination by Mr Moore, the other female passenger said that she had been told about the alleged incident by either phone or by text messages on the night by the alleged injured party.
The witness, who cannot be named because of her age, told the court: “When I got out of the car, I felt something wasn’t right. I had a strange feeling so I sent a text.
“She told me that night what had happened. I can’t remember if it was by phone or by text message.”
Mr Moore questioned why this had not been recorded in the police statement.
The witness said:: “The police only wanted to know what I had seen on the night.”
Mr Moore questioned constable Eleanor McAuley about why the detail about the communication between the alleged injured party and the witness had not been in the police statement.
He also questioned why Raza’s car had not been examined by police.
The officer replied that she had not been advised to do this by her ‘superior officer’.
Referring to Raza’s interview with police, Mr Moore said there were some discrepancies when comparing the full interview transcript and the summary that the officer had prepared.
Constable McAuley said she had ‘trouble’ understanding the tape, and that it took her ‘a few go’s’ to understand things.
In making an application to have the case dismissed, Mr Moore said: “There are glaring inconsistencies.
“[The alleged injured party] claims that she spoke to no one and that she told her mum the next day, but we have heard evidence at variance to this.”
Prosecution counsel, Chris Sherrard, rebuffed: “The only variance is the timing of the communication.
“There is a difference in opinion between the injured party and the witness, it is not the be all and end all. There is a case to answer.”
District Judge Richard Wilson told the court: “I am not normally keen to accommodate these applications, however I have listened to the case and it has concerned me from time to time. There are inconsistencies.”
Mr Wilson referred to the communication between the alleged injured party and the witness and noted his concerns about the summary of the police interview, which, he said, ‘makes no resemblance whatsoever’ to the full interview transcript.”
He acceded to the defence application and dismissed the case against Raza.
As the court concluded, the alleged injured party’s family vented their anger at the decision shouting: “There is no justice. It’s disgusting.”
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Weather for Coleraine
Wednesday 08 February 2012
Today
Heavy rain
Temperature: 5 C to 7 C
Wind Speed: 32 mph
Wind direction: South
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