Now Iranian paedophile is granted anonymity
A CONVICTED sex attacker fighting to stay in the country has been granted anonymity by the Scottish courts.
The 60-year-old man has been resisting government attempts to have him deported to his native iran since he arrived in the UK around 2005.
in 2006 it emerged that he touched a 12-year-old boy inappropriately in a sports centre whirlpool.
it was later revealed that another boy of the same age had also been indecently assaulted by him at a charity-run community centre.
The man served seven months in prison after admitting to the offences.
But now he is fighting to appeal a government decision to return him to iran on the basis that he is gay and would face persecution in his home country.
Homosexuality is a crime in iran punishable by death or flogging.
But the previous legal decision by the upper tribunal court declared that there was no compelling evidence that the man is in fact gay.
At the Court of Session in Edinburgh yesterday representatives for the sex offender lodged their application for leave to appeal the decision.
As his latest bid to remain went ahead he was given full anonymity.
His representative, Mungo Bovey QC, attacked the previous finding in an attempt to sway the opinion of sitting Lord Bracadale.
He said ‘the reasoning is highly speculative and adverse’ in the previous decision and added that ‘the applicant has been consistent in his claim over ten years’ that he is gay.
Mr Bovey also highlighted evidence that details of the man’s crimes, asylum claims and homosexuality were available online for iranian officials to see upon his return.
He said compelling the man to return would undoubtedly cause him to be vetted by iranian officials. He called the previous decision ‘unreasonable’ and also pointed to evidence of the man’s use of gay dating websites. He said: ‘if one has an active membership of a gay dating agency or service then that is an active part of gay life.’
Defending the Government’s decision, Mr Webster of the Office of the Advocate General said the previous decision was ‘a clear finding of fact’ and that ‘the upper tribunal cannot be said to be unreasonable.’
He also pointed to an apparent piece of video evidence provided by the man supporting his claims that he is gay. Mr Webster said: ‘it’s not evidence of activity unrelated to the application.’
Mr Webster also dismissed claims that iranian officials would conduct internet searches about him on his arrival, insisting that all evidence pointed to this treatment being reserved for political activity.
He said: ‘The issue of concern is for individuals who are of political interest to the iranian regime.’
Migration Watch UK’s Alp Mehmet said: ‘Most people would see this man’s latest attempts to stay as a try-on. i would agree with them.’
A Home Office spokesperson said: ‘Where someone is found not to need our protection we expect them to leave the country voluntarily. Where they do not, we will seek to enforce their removal.’
Lord Bracadale’s decision on the case is expected to be published in approximately two weeks.
‘Reasoning is highly speculative’