NewsCourts

Rapist's psychological report won't be presented as part of his mitigation

Faisal Ellahi
Faisal Ellahi

A psychological report on Faisal Ellahi, who raped a young woman with Down syndrome, will not be presented as part of his mitigation a court has heard.

Ellahi (34) was convicted at the Central Criminal Court last year of raping the woman after luring her back to his home when she became separated from her mother on the street.

Sentencing of Ellahi has been repeatedly adjourned to allow the defence prepare a psychological report to back up the claim that Ellahi has a very low IQ.

The case was most recently adjourned on Monday to today because the report was not ready.

Today counsel for Ellahi, Padraig Dwyer SC told the court “there won't be any further evidence of a psychological nature.”

Mr Justice Tony Hunt said he didn't need to know why the report wasn't being presented.

He adjourned the case until March 14 when he will issue sentence. He said to allow the victim to view sentencing via video-link after hearing that she wished to observe proceedings.

Ellahi who is originally from Haripur in Pakistan, pleaded not guilty last year to rape, sexual assault and having sex with a mentally impaired person at his Dublin home on June 12, 2013. The jury convicted him of rape and sexual assault.

The defence had presented evidence during the trial that Ellahi has a IQ level of 73 where below 70 indicates a mental disability.

A psychologist for the defence, Dr Rioghnach O'Leary said Ellahi came from an area of Pakistan where Sharia law was practised and where there were strict rules against physical contact between men and women.

She presented evidence that he was in the bottom three percent of the population in cognitive functioning and as a result “would have difficulty in adapting to social norms” in Ireland.

Dr O'Leary said the intelligence tests she performed suggested he would have difficulties in “reading situations, analysing situations and forming appropriate responses.”

Dr O'Leary agreed with Caroline Biggs SC in cross-examination that the accused was able to travel to Ireland alone, find accommodation and gain employment.

Ms Biggs put it to her that he also had a CV which stated he had completed two third level courses. Dr O'Leary said the accused claimed he falsified this CV to get a job.

The doctor's assessment of Ellahi's IQ could not be used for the purposes of mitigation after conviction because, due to time constraints, it did not include “lie scale” testing which would show if the subject was attempting to skew the results of the intelligence tests.