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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.”