Deaf defendant walks free in rape case confusion

From: This is London - London,England,UK - Dec 7, 2006

A deaf man accused of repeatedly raping a disabled woman has been allowed to go free because he is unable to understand the court case against him.

Emmanuel Etoundi, 41, went on trial accused of a string of sex attacks on the woman, who has learning difficulties.

Snaresbrook Crown Court in East London heard that the Ethiopian, who is also mute, was accused of committing five rapes and one attempted rape, and causing actual bodily harm.

Numerous sign language interpreters and a jury had already been sworn in at taxpayers' expense when the prosecution took the decision to stop the case.

In a situation which the judge described as 'quite extraordinary', prosecutors announced they would be offering no evidence against the defendant.

Etoundi, of Camden, North London, has never learned sign language and understands very little English.

The prosecution was forced to reassess its position when it became apparent he was unable to comprehend the court proceedings.

Sandy Canavan, prosecuting, told the court: 'It is not possible for this defendant to have a fair trial.

'There is an overriding burden placed on the shoulders of the Crown to ensure that a defendant has a fair trial.

'The Crown is not here to obtain a conviction at all costs. The Crown take the view there can't be a fair trial in this case. In these circumstances we see no choice but to offer no evidence on the indictment.'

Judge William Kennedy said he had been determined the case should start after a series of earlier procedural problems. But he said he was satisfied the trial could not now take place.

The judge then called the jury back in to the courtroom to tell them what had happened. He told them: 'This defendant is an Ethiopian. He has never learned sign language of any sort to any level.

'He does not speak English. His competency to understand words of any length is truly flawed.'

He added: 'His incapacity properly to fully and fairly deal with an allegation of this sort with all its complexities puts him at a fundamental disadvantage.'

Judge Kennedy said the alleged victim has learning difficulties and would also find it very difficult to give evidence.

He described the situation as the result of 'a number of competing and conflicting pressures'.

The judge added: 'There is no prospect of a fair trial of this defendant bearing in mind his fundamental difficulties.'

Etoundi had denied five counts of rape between August 1, 2004, and May 31 last year.

He also denied one charge of attempted rape and one charge of causing actual bodily harm between September 1 and 26 last year.

Judge Kennedy told Etoundi: 'No evidence is to be offered against you on any of the allegations that you face here. You are free to go.'

He added: 'It's an odd outcome to a very odd case.'

© 2007 Associated Newspapers Limited