Not Guilty: Ruhullah |
A
muslim husband accused of bullying his Tunisian wife into wearing a
burqa has walked free from court after she failed to give evidence
against him.
Mohammed
Ruhullah, 29, always denied the allegation,
claiming he was exploited
by his spouse's wish to obtain a British passport after their whirlwind
internet romance.
He says she made the false claims and put in an asylum application after discovering he could not fulfil this wish because he is not a UK citizen.
His wife complained to a police officer while in hospital recovering from a miscarriage and internal injuries she claimed were inflicted by Ruhullah's kicks.
Ruhullah, of High Street, Harrow had been charged with engaging in a controlling or coercive relationship with Rafika Amri between February 1 and October 26, 2017.
This also allegedly included taking control of his care worker wife's money and passport.
At Harrow Crown Court this week he was found not guilty of the charge when the Crown Prosecution Service agreed they could not present their case without Ms Amri's evidence.
“There has been no contact this morning and I have asked the police what has happened in the last couple of months,” said prosecutor Maureen Flaherty.
“At the first adjourned trial the complainant was fully co-operative throughout and was last spoken to on the phone on April eleventh, confirming she knew the new trial date and that all was well.
“Clearly the complainant has not attended and enquiries have been made with witness care and they last tried to ring her on April twenty-sixth and there was no answer.
“They spoke to her in the first week of March and she did not raise any points as to her potential non-co-operation.
“The office tried to make a call late last week and the phone was essentially off.
“At her last place of work the manager said Ms Amri left two weeks ago and gave no information.
“The officer attended the address where it is thought she was residing and was met there by a person who knew the complainant, but said that she left in December, last year.”
Regarding how the couple got together the prosecutor added: “They met via the internet and Mr. Ruhullah had a short three-day visit to Tunisia and they married and Ms Amri moved to the UK in January, 2017.
“The following month the relationship deteriorated and the allegation was made.
“The defendant says the complainant inflicted injuries on herself, falsified her account and wants residence in this country.
“The complainant had exhausted all avenues of appeal to remain in this country by December, last year.
“It may well be that she's now an overstayer and feels if she attends she could be detained,” explained Ms Flaherty.
“The Crown's case was that she was kept in the matrimonial home for five days while injured and not allowed to get medical treatment.
“She then went to hospital after work and was kept in for four nights with internal vaginal bleeding and bruising to the body.
“There was bruising to the stomach that the Crown say is consistent with a kick to the stomach causing vaginal bleeding.”
While in hospital Ms Amri explained her situation to a police officer. “She was entirely alone in this country, bar her relationship with her husband.
“She was controlled by her partner and forced to wear the burqa, something she did not do in Tunisia.
“She was only allowed to leave the house to go to work. She is a vulnerable complainant.
“There are photographs of Ms Amri fully covered in a burqa and apparently fully comfortable with it.
“She says she was forced to wear the burqa and that is part of the controlling coercive environment she was forced to endure.”
After her hospital statement to the officer Ruhullah was arrested as he arrived. “He's somewhat taken aback and denies all matters put to him”
His lawyer Matthew Pardoe submitted Ms Amri's absence made a fair trial impossible.
“There is no way of challenging what is said in her statements and this is a case that needs a good deal of challenge.
“The top and bottom of it is she's unlawfully at large.
“The complainant wanted a spousal visa and the relationship lost energy when she realised he could not provide her with British nationality because he is here on a visa himself.
“Shortly after the police complaint she applied for asylum, making allegations against her family in Tunisia.
“The application has been refused and she has gone to ground.”
Judge Ann Thompson agreed no fair trial was possible. “She says after a happy period the relationship turned sour and she makes various allegations against the defendant, including that he forced her to wear the burqa and controlled her movements, her money and was violent towards her.
“She says in September, 2017 he kicked her in the back and she fell on the bed then fell face-first on the floor and suffers a miscarriage.
“In October she says the defendant assaulted her and she suffered further vaginal bleeding and he kept her from receiving medical assistance, however texts and WhatsApp messages undermine her evidence.
“This defendant would not be able to receive a fair trial. It would not be possible to test that evidence.”
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