Chaos left Iraqi asylum seeker free to rape in Britain

David Sapsted:

A judge has attacked the failings in immigration controls that allowed a failed asylum seeker to remain free for more than two years after he committed an "appalling and brutal" rape.

Judge David Rennie, who jailed Latif Karim, a 38-year-old Iraqi, for six years on Friday, said that the assailant had been "invisible" to the authorities, even after being arrested for a motoring offence and identified as the rapist by his DNA.

The judge also said that, had the jury at Lewes Crown Court acquitted Karim, he would probably have been allowed by the immigration service to disappear once more because of the "confusion" that surrounded such cases.

A week-long trial had heard that Karim arrived at Dover in 2000 and claimed asylum. In October, 2002, he attacked his victim after barging his way into a flat in Eastbourne and, the following month, was ordered out of the country following rejection of his asylum claim.

Karim then vanished, as far as the authorities were concerned, until his arrest for drink-driving in March, 2004. But, by the time his DNA was found to match samples from the rape, he had been released on bail and had disappeared again. He was finally tracked down - still living in Eastbourne - 15 months later and taken into custody.

The judge said that Karim had remained "invisible within our community" since his asylum bid was rejected in 2005. "This was an appalling and brutal attack that left your victim bleeding heavily and seriously traumatised," he told Karim.

"I recommend you be deported. It is my expectation you be kept in custody after you have served your sentence until the deportation decision has finally been made."

Judge Rennie condemned the Home Office for the "confusion" over dealing with failed asylum seekers. "Yesterday, I asked for certain inquiries to be made with immigration authorities about what would happen in the event of an acquittal.

"Police made a number of phone calls to a senior immigration officer, inquiring whether he would be released from this court or detained. The first thing the officer was told was that he could not be deported to Iraq due to the war - because it could possibly be a breach of his human rights.

"The officer then asked if there were any further grounds for detention. He was told that the senior officer was unaware of any further grounds for detention.

"If the jury had come back with acquittals, Mr Karim would have been released on to the street and may have simply vanished once again."

The judge said that, finally, the immigration officer had said he could be detained for an indefinite period under the Immigration Act.

Iraqi rapist may stay

Iraqi hunted over stabbing and rape