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Court "requires convincing" that man who raped woman with Down Syndrome should be given more time to appeal

Date
2019-01-22
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

The Court of Appeal has ruled that a man, Faisal Ellahi, 37, must be given convincing evidence before being granted extra time to appeal his conviction for raping a young woman with Down Syndrome. Ellahi was found guilty by a jury at the Central Criminal Court after a five‑week trial and sentenced to 13 years' imprisonment in March 2016. He admitted "sexual contact" but denied penetrative sex, claiming he was unaware of the victim's mental impairment. Ellahi lodged an appeal one year and seven months after the conviction, outside the 28‑day limit, and the Director of Public Prosecutions opposed extending the time. The Court of Appeal, presided over by Mr Justice George Birmingham, said the papers filed by Ellahi did not identify any core issue for a potential appeal and that the grounds were not adequate to justify an extension of time.

Who, what, where, when and why

What: Report matter: Court "requires convincing" that man who raped woman with Down Syndrome should be given more time to appeal. Charges or matters: rape and sexual assault by a jury at the Central Criminal Court following a five week trial. Procedural stage: appeal. Findings: Found guilty

When:

Why: Mr Grehan said Ellahi was the only one in court who had been present for the trial, because he sacked his previous lawyers, and the court's own rules denied them access to the transcript. CNI source report

Case subjects

Down Syndrome

Appellant

Charges: rape and sexual assault by a jury at the Central Criminal Court following a five week trial (Alleged Or Contested)

Faisal Ellahi

Convicted Person

Charges: rape and sexual assault by a jury at the Central Criminal Court following a five week trial (Proven)

Finding: Found guilty

Outcome: Found guilty; Sentencing him to 13 years imprisonment in March 2016, Mr Justice Tony Hunt said the "frightening, appalling, disgusting and depraved" offence committed by Ellahi had "demolished" years of work in helping the woman lead an independent life.

Places mentioned

Court Venue
  • Court of Appeal
  • Central Criminal Court
  • The Central Criminal Court
Secondary Mention

Topics

Stage Appeal

Related court reports

Read the original CNI report

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