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"Fatal flaw" sees conviction quashed for raping woman lost on night out

Date
2019-07-18
Stage
Appeal
Primary locality
Dublin City
County
Dublin

Summary

In 2017, Egyptian national Mohamed Okda, aged 33, was convicted of two counts of rape and one count of sexual assault after a 2014 incident in Dublin. He received an 11‑year sentence with the final year suspended. The Court of Appeal quashed the conviction on 18 July 2019, ordering a retrial because the trial judge failed to instruct the jury on the presumption of innocence. Justice John Edwards noted that the omission was a fatal flaw rendering the trial unsatisfactory. Okda was remanded in custody pending the retrial. The victim, a married mother visiting Dublin with friends, was found drunk and lost, and after Okda offered help she was taken to his flat where the assault occurred. She fled the flat, was rescued by a taxi driver, and reported the incident to Gardaí. The case remains pending retrial. Mohamed Okda pleaded not guilty.

Who, what, where, when and why

What: Report matter: "Fatal flaw" sees conviction quashed for raping woman lost on night out. Charges or matters: two counts of raping the woman and one count of sexual assault at a flat in Dublin city centre on February 9, 2014. Procedural stage: appeal

When:

Why: She lost her friends and became upset because they weren't responding to texts or phone calls. CNI source report

Case subjects

Mohamed Okda

Appellant

Charges: two counts of raping the woman and one count of sexual assault at a flat in Dublin city centre on February 9, 2014 (Alleged Or Contested)

Plea: Not guilty

Outcome: Credit: Collins) A man jailed for raping a woman he met after she became lost on a night out in Dublin city has had his conviction quashed on appeal. He was unanimously found guilty on all counts by a jury following a seven day trial and sentenced to 11 years imprisonment with the final year suspended by Mr Justice Michael Moriarty on October 23, 2017.; Okda was remanded in custody to appear before the Central Criminal Court on Monday next.

Places mentioned

Secondary Mention
Residence
Incident
Court Venue
  • Court of Appeal
  • Central Criminal Court

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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