Waiter on sex charge jumps bail

From the Salisbury Journal, first published Saturday 21st Jan 2006.

A SALISBURY waiter facing allegations of rape and serious sexual assault failed to turn up for his trial at Salisbury Crown Court last week, but the case went ahead without him.

Kobir Ali (34), of the Golden Curry restaurant in Minster Street, appeared in the dock on Wednesday to plead not guilty to a charge of raping a 44-year-old Salisbury woman, and a jury was sworn in.

The case was adjourned until the following morning and Ali was granted bail. But on Wednesday morning, when the trial started, Ali failed to answer his bail and nothing was heard from him.

Judge Keith Cutler told the jury that, although it was unusual, he had decided that, for a number of reasons, the trial should proceed in Ali's absence.

On Thursday, the jury cleared Ali of rape but on a majority verdict of 11-1 found him guilty of a serious sexual assault on the woman.

The judge told them, after they had announced their verdicts, that, following the issue of a warrant for Ali's arrest, inquiries by the Metropolitan Police had revealed that a man answering his description had bought a ticket to Bangladesh, and was due to board a plane at Heathrow airport that afternoon.

The jury was told that police officers would be waiting to execute the warrant when Ali arrived at the airport which would be the second time Ali had been arrested at Heathrow as he was about to board a plane for Bangladesh.

Prosecutor Ian Lawrie told the jury that Ali lived above the Golden Curry and worked in the restaurant.

In the early hours of the morning of July 27 last year, the victim had met Ali in the city and they got talking.

Ali invited the woman to join him for a drink and she agreed, expecting they would go to a pub, said Mr Lawrie.

Instead, he took her to the Golden Curry.

"Despite reservations because the restaurant was closed, she agreed to go inside.

"Ali then changed from being polite and pleasant to being angry and the victim feared the worst."

Mr Lawrie said Ali did not use any violence but he was coercive and had taken the woman by the hand and led her to the cellar where the assault took place.

The victim was distressed and left the restaurant returning home where she lived with her elderly father.

She contacted a close friend and said that she had been raped and she was advised to contact the police, which she did.

Mr Lawrie told the jury that the police found that Ali had already left the restaurant.

He had gone to London and had bought an airline ticket to Bangladesh.

On August 2 last year, he was arrested at Heathrow airport and returned to Salisbury.

The judge read to the jury Ali's statement to the police, in which he denied raping the woman, maintaining that sexual activity between them was consensual.

The judge said: "Ali believed she had consented to the activity.

"He said at no time did he force her to go with him."

The judge said that as and when Ali had been arrested and returned to Salisbury, he would sentence him for the offence of sexual assault and for failing to surrender into custody.

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