AM

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AM was married to the complainant (he was also already married to another woman and had a number of children with that woman). The complainant said that she only found out about this other marriage after they had been together for some time, and her discovery of it brought an end to their consensual sexual relationship.

In 2013, the complainant was arrested and held in immigration detention. While there, she alleged AM had raped her orally, anally, and vaginally. AM claimed the allegations were untrue and only made to assist her attempts to remain in the country.

At trial, the complainant gave a rough date on which one incident was said to have occurred (she remembered as she had suffered a miscarriage afterwards, and believed it was the rape which caused her to miscarry – she stated that there was only a short period between the rape and her attending the hospital). AM claimed he was in Pakistan at that time and produced his passport as proof of this. The complainant’s case was that these stamps were fabricated and he was not in Pakistan.

On appeal evidence was introduced from an experienced document examiner, a staff member at the Consultant General of Pakistan to confirm that AM was in Pakistan at the relevant time, and a witness who stated that she had helped the complainant when AM was out of the country. The new evidence was seen as confirming AMs alibi, and the conviction was quashed.

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