Minicab driver Mohammed Shabir who drugged and raped gay Erdington woman has conviction appeal thrown outA Birmingham minicab driver who drugged and raped a gay woman in an Erdington hotel has failed to convince top judges he was the victim of a miscarriage of justice.
The victim was attacked after going to a nightclub in the city in September 2013 with her girlfriend, Lady Justice Macur told London's Appeal Court.
But, after the couple argued, she set off home alone in a minicab driven by Mohammed Shabir, 40, of Hutton Road, Handsworth.
She said Shabir held her in the cab and forced her to swallow gum which made her limbs go weak.
He then took her to a hotel before locking the door and raping her. Shabir then drove her home, saying he would call her and that he 'loved her'.
When her partner returned to their flat the following morning, the victim told her she had been raped on her way home by the minicab driver.
Swabs taken at hospital matched Shabir's DNA, said the judge.
A phone call to her while she was at the hospital came from Shabir's phone and she picked him out in an ID parade.
Just two months later, in November 2013, the victim was attacked again in her flat and knocked unconscious by two men.
She believed that one of them was the minicab driver who had raped her.
Shabir, who had no previous convictions, had been a private hire vehicle driver licensed by the city council since 2002.
He protested his innocence, insisting he had 'consensual sex' with the woman.
But the jury did not believe him and he was convicted of two counts of rape at Birmingham Crown Court on August 26 last year.
He was acquitted of kidnap, false imprisonment, grievous bodily harm with intent and sexual assault, but was caged for 11 and a half years.
His barrister, Rob Cowley, today (Wednesday, May 11) argued his trial was unfair and his convictions should be overturned.
Shabir's lawyers were not allowed to cross-examine the victim about an allegation of rape, involving two different men, earlier in 2013.
That allegation was 'plainly, demonstratively false' and would have cast doubt on her 'credibility' in front of the jury, the barrister argued.
But Lady Justice Macur, who was sitting with Mr Justice Goss and Judge David Aubrey QC, rejected Shabir's complaints.
She said the court was 'certain' there was not enough evidence to warrant cross-examining the victim about the earlier allegation.
Dismissing the appeal, she concluded: "There are no other matters which give us any cause to doubt the safety of this conviction'.
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