29 July 2003
After 18 months in jail, man has
conviction for gay sex attack quashed
By Faisal al Yafai
A taxi driver who has served an 18-month
jail sentence for a gay sex attack at knifepoint had his conviction quashed
by appeal court judges yesterday.
Hasham Shah, 39, from Manchester, served
his full sentence after the jury found him guilty of false imprisonment
and the indecent assault of a student he was driving home.
His accuser, who was not named, eventually
admitted to the police that he had made up the story and in April was jailed
for 15 months for perverting the course of justice.
Mr Justice Scott Baker, sitting with Mr
Justice Gibbs and Judge Tom Crowther in the appeal court in London, said
Mr Shah had picked up his accuser from the Gay Village in Manchester city
centre in April 2000. His passenger complained to the police that Mr Shah
had locked him in the cab and forced him at knife point to perform indecent
acts.
Mr Shah maintained it was his accuser who
had forced himself upon him. The jury at Manchester crown court did not
believe him and he was convicted in January 2001.
It was not until November last year that
his accuser finally confessed that he had lied.
"In those circumstances," Mr Justice Scott
Baker said, "It is obvious to us that Mr Shah's conviction cannot be sustained."
He added that Mr Shah had made it clear that he was not gay.
A letter was read to the court in which
Mr Shah told how the case had affected him and his wife. "What everyone
is forgetting is that the small amount of sexual activity which took place
was because he assaulted me, and I was scared because I could not get out
of the cab.
"Only two people were in the cab that awful
night, and I was having a nightmare - not fun. If people had done their
jobs right... my life and that of my wife would not be ruined.
"He should be registered as a danger to
the public. There are so many things left unsaid."
Mr Justice Scott Baker quashed the conviction
and ruled that there should be no retrial. He concluded: "This court has
very considerable sympathy with the applicant."
Outside the court, Mr Shah's counsel Christopher
Diamond said his client had lost his job as a licensed black cab driver
as a result of the false allegation. |