Solicitor helps innocent husband win appeal after being labelled ‘rapist’ by wife
SUCCESS: Abdul Iftikhar, of Kamrans Solicitors, defended the innocent party in a legal battle which took three years to successfully appeal
A Leeds solicitor says that more and more women are doing ‘whatever it takes’ to remain a UK citizen after seeing a rise in the number of allegations being made in regards to false sexual or physical abuse.
Abdul Iftikhar, of Kamrans Solicitors, has just recently closed a three-year appeal case which saw an innocent husband have his 13-year sentence revoked on the grounds that his wife lied about being sexually abused.
The accused, Mr Khan, who asked for anonymity, had initially been handed the lengthy sentence after being found guilty of 16 counts of rape, over a two-year-period, by the complainant, his wife.
Yet after a lengthy appeals process, which included collating fresh evidence namely: 16 witness statements, and documents from a number of organisations including the Home Office, DVLA, hospital and a bank, the conviction was resoundingly quashed.
From the offset, Mr Khan vehemently denied all the allegations and Mr Iftikhar says the support of his client’s family was crucial in helping to prove the man’s innocence.
“He was fortunate to have such a supportive family behind him, who supported him throughout this ordeal, ” he said.
“Our appeal was so strong, and the evidence that came with it, that the Court of Appeal actually took the rare decision to say no retrial would be ordered after this latest decision.
“It is worrying to see these types of cases on the rise, with more women from the Asian subcontinent seemingly willing to do whatever it takes to remain in the UK.
“Mr Khan’s case also had the added incentive, for the woman in question, to secure custody of the children. The father had been given the right to care for them and his wife once again used these allegations against him in an attempt to take the children away.
“The past three years have been extremely difficult for Mr Khan but he can now start rebuilding his life.”
Mr Khan’s case was finally decided upon earlier this month in front of Lord Justice Laws, Mr Justice Andrew Smith and His Honour Judge Cooke QC. Meanwhile, Mr Iftikhar explained further why he believed this type of case was becoming more common.
“There is no doubt that the making of these false allegations are becoming more prevalent in society today,” he said.
“By alleging that a partner has sexually or physically abused aspouse, they are more likely to be granted permission to remain in the UK on compassionate grounds and this inevitably has a knock-on effect on custody battles.
“Innocent people are falling victim to false crimes being reported and hopefully this story will warn others of the situation.”
A spokesperson for the innocent Mr Khan provided the following statement in regard to the case.
“The Khan family was devastated as to the manner in which the allegations of abuse were approached by the authorities and particularly the conduct of the Greater Manchester Police which only became apparent during the appeal process.
“It became clear that not only had the complainant lied on oath but thatthe police had suppressed evidence (in favour of the defence), which would have impacted on whether there would have been a conviction in the first place. “Not withstanding that our loved one lost his reputation, liberty and career, despite overwhelming evidence, the police are taking no action against the former wife.
This the family find is wholly unfair.
“Ultimately, the family had to search far and wide for a criminal solicitor specialising in criminal appeals and wholeheartedly recognise that without the assistance of Mr Iftikhar of Kamrans Solicitors, Leeds, who scrutinised the case in fine detail and whose search for fresh evidence over three years was clinical and in great depth, the chances of success would have drastically reduced.
“The family are now considering their options against the conduct of the complainant, Greater Manchester Police and the Crown Prosecution Service.”