A man accused of raping woman has a previous conviction of exposure in the same location, a court has heard.
Remus Hamza, 40, denies raping a 20-year-old woman as she was walking back home from a night out in Cardiff city centre on September 20 last year.
It is claimed Hamza approached the victim, who was described in court as being “heavily intoxicated”, as she walked near National Museum Cardiff at 2am.
The woman, who cannot be named for legal reasons, claims Hamza led her into a bush behind the museum and raped her.
It was also heard that Hamza’s DNA profile was found on the woman’s clothing.
The kitchen worker, of Riverside, Cardiff, claims the sex was consensual after the woman responded to his advances.
Previous offence
The trial at Newport Crown Court heard that Romanian national Hamza had a previous conviction for exposure near Museum Avenue from March 2014, the same location where he is accused of raping the woman.
Prosecutor Claire Pickthall asked Detective Constable Philip Merchant about the conviction.
She said: “During the course of your investigation is it right that enquiries were made into the past of Remus Hamza and it has been discovered there is a previous occasion when he appeared before the courts in March 2014 for an offence of exposure?”
DC Marchant agreed there was.
Miss Pickthall went on to summarise the brief details of the offence.
She said: “At about 9pm on the evening of February 2, 2014, Remus Hamza was observed by three young ladies returning to their car in Museum Avenue, the same location where this offence (the alleged rape) took place.”
She said Hamza was seen performing a sex act while standing in the entrance of the Garden of Remembrance.
The court previously heard that witness Lee Neale followed Hamza and the woman after becoming “concerned”.
Mr Neale took a picture on his mobile phone of Hamza on top of the woman, which caused Hamza to run away.
This photograph was later shown to the jury.
Alleged victim's confusion
The witness was arrested by police after he called them to the scene, as the woman initially belived he was the one who sexually assaulted her, but this was quickly disproved.
Police Constable Jenna Hargreaves told the court she had been on patrol on the night of September 20 when they received a call regarding a potential sexual assault.
When they arrived to Museum Avenue, they were flagged down by Mr Neale who told them the woman had been sexually assaulted.
PC Hargreaves said she took the woman to one side while her colleague PC Christopher Andrews spoke to Mr Neale.
She said: “She was very quiet and looked very nervous. To be honest that’s why I took her to one side because she couldn’t speak in front of my colleague and Mr Neale.
“She was very intoxicated and very unsteady on her feet.
“Her speech was very slurred and I could smell alcohol. She was very confused.
“She didn’t really know why the police were at the location.”
'She didn't realise where she was'
When asked by prosecutor Claire Pickthall why she thought the woman was confused, PC Hargreaves said the woman was not aware of her surroundings.
She added: “I had to remind her she was in Cardiff city centre. She could not maintain the information I was giving to her and she kept asking where she was.”
When asked by PC Hargreaves what had happened, the woman said that a man had pulled her arm and had “tried it on” with her and she pointed out Mr Neale.
Defence barrister David Pinnell asked whether the woman gave the police any detail about the nature of the sexual assault.
PC Hargreaves said: “It was very difficult to get information from her. She didn’t realise where she was.
“She kept saying ‘am I in trouble’ because she didn’t know why police were there.”
The trial continues.
see-http://www.walesonline.co.uk/news/wales-news/cardiff-rape-accused-previous-conviction-10901507
No comments:
Post a Comment