Wednesday 22 November 2017

Rape sentencing is deferred pending a psychological report


Faisal Ellahi
Faisal Ellahi

Sentencing has been adjourned in the case of a man who raped a young woman with Down syndrome.

Faisal Ellahi (34) had his case put back after the Central Criminal Court heard his lawyers are seeking a psychological report.

Mr Justice Tony Hunt adjourned proceedings and said he was "disappointed" that it had not been established yet when the report will be available.

Ellahi, who is originally from Haripur in Pakistan, was convicted in December following a five-week trial.

He had denied charges of rape, sexual assault and having sex with a mentally impaired person at his home in Dublin on June 12, 2013.

The victim became separated from her mother on a south Dublin street before being stopped by Ellahi, who lured her back to his house where he raped and assaulted her.

Yesterday, Lorcan Staines, for the prosecution, said the defence would know later whether there would be a report and the "time frame".

Judge Hunt said he was "surprised" because he thought the defence had requested a report and that the case was before the court "to see when that will be available".

"I am surprised, to be honest, that the matter of a report is still under consideration," he said.

The case was due to be mentioned at the Central Criminal Court again today.

When the trial ended in December, Judge Hunt had told the jurors their verdict was "absolutely correct" and that Ellahi's claim that the woman consented to the acts or was capable of consenting to them was "absolutely ludicrous".


At an earlier hearing, the court was told Ellahi continues to deny the charges and maintains his position that he did not know the woman had Down syndrome when he attacked her.

Judge Hunt agreed with counsel that the case involved a single incident of rape, unlike cases of multiple rape or rape over a prolonged period of time.

But he added: "The effects of that single incident are horrendous way beyond the normal range of the offence because of the victim."

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