Man wins appeal on sex charge conviction

AMAN will soon be free after Appeal Court judges overturned his attempted rape conviction.

Mohammed Sadeer, 30, of Brimrod Lane, Rochdale was locked up for 16 years at Manchester Crown Court on February 17 last year.

He got 12 years after being convicted of the rape bid, and four more after admitting kidnap and inflicting grievous bodily harm.

Sadeer was originally put on trial at Manchester Crown Court on a rape charge, Lord Justice Bean told London’s Appeal Court today.

Prosecutors claimed he and two or three other men had raped a teenage girl.

But Sadeer denied being present at the time, said the appeal judge, who was sitting with two others.

And, when the girl was cross-examined, it ‘became clear’ she was unable to identify Sadeer as one of those who raped her.

Sadeer was cleared of rape after his lawyers argued the case against him was so weak it was unfit to put before a jury.

But Sadeer was then charged with attempted rape, relating to an alleged demand for oral sex, and jurors convicted him.

His barrister, Amanda Johnson, argued that the attempted rape conviction was ‘unsafe’ and should be overturned.

The Crown Court judge should have ruled that Sadeer had no case to answer on that charge as well, she said.

Lord Justice Bean said there is a difference between acts that are ‘merely preparatory’ and those that ‘amount to an attempt to commit’ an offence.

Prosecutors had to prove that Sadeer ‘intended to proceed to have oral sex even if the complainant did not consent’. The judge concluded: “We accept that, at the close of the prosecution case, there was no case to go to the jury on either of these two elements. The submission of no case to answer should have been upheld. The appeal against conviction on this count must be allowed.”

The attempted rape conviction was overturned, along with the 12-year sentence for that offence.

The court did not order a retrial on the attempted rape charge and lawyers confirmed that Sadeer will shortly be freed.