Man acquitted of multiple rapes against former partner

Sarah Elliott KC and Erim Mushtaq (supported by Yvonne Kramo) were instructed on a privately funded basis to represent the defendant PT, a professional in the medical field and a man of good character. 

PT was accused of violently raping (anal, oral and vaginal) his ex-partner. The evidence against him included a recent complaint to friends, reporting the non-consensual activity to the GP within days of the alleged incident, reports of the rapes to the mental health services when the complainant was admitted to hospital and to the police. In addition, The prosecution relied on WhatsApp messages between the defendant and complainant where the defendant questioned whether the complainant had informed the GP and mental health services that the intercourse was consensual. 

The defence was served with over 10000 WhatsApp messages as unused material which the defence team spent weeks reviewing. The defence carefully selected messages to use to challenge the accusations and to rebut the prosecution’s evidence. 

As the defence cross examined the complainant under the provisions of section 28, it was necessary to ensure that all disclosure issues were dealt with in advance of the questioning. This resulted in extensive preparation being carried out by the defence almost a year before the trial took place. 

The defence preparation amounted to hundreds of hours of work which was necessary to establish that the complainant had been dishonest in her account to the police and other authorities.

PT instructed Rizwana Mahmood, and Tahir Mahmood of Whiterose Blackmans Solicitors in Leeds, specialists in defending those accused of serious sexual offences.