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Galway resident jailed for rape appeals conviction over lack of witness statements

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Galway resident jailed for rape appeals conviction over lack of witness statements

Galway Bay fm newsroom - A Galway resident who has been jailed for the rape of a woman he invited to dinner has appealed his conviction at the Court of Appeal, arguing that two witness statements were never taken by gardaí.

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Shafik Qadri, a Pakistan national, with a last address at Tuam Road, Galway City, was jailed by Mr Justice Michael White in October 2018 for six years for the rape of a woman he invited to his home for dinner in January 2016.

51 year old Qadri, who had denied the charge at his Central Criminal Court trial, appeared by video link from the Midlands Prison at this week's virtual hearing of the Court of Appeal.

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Michael Bowman SC, for the appellant Qadri, argued there were two statements that should have been taken by gardai but never were. Counsel submitted that this error "compromised the ability for the appellant to have a fair trial".

Mr Bowman told the three-judge court that two statements from a work colleague of the victim and the colleague's girlfriend, to whom he said the victim recounted the incident before reporting it the day after the rape, were not taken by gardaí.

Counsel said that before a complaint was made at a garda station, the complainant confided in both the colleague and his girlfriend, who then both attended the station in support of the victim.

Shane Costelloe SC, for the DPP, said that the grounds of appeal were "entirely speculative in their approach".

Mr Costelloe said there was no issue raised during the trial about the victim being accompanied by the couple to the Garda station. He added that it could have been raised in cross-examination but was not.

Mr Costelloe said that there was no question that gardaí failed to disclose any information to the defence at trial.

Presiding judge Mr Justice John Edwards said that the court would reserve judgement in the case but give it a priority status.

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