Rapist wins his legal fight to stay in Britain

Electronic Telegraph ^ | 30/11/2003 | Adam Lusher and Julie Henry

[aculeus]

A refugee who kidnapped and raped a mother-of-two on Christmas Day has won a legal fight to stay in Britain because deportation would be "against his human rights".

Joel Naitamu, 29, from Kenya, pounced on his 43-year-old victim as she parked her car in east London late on 24 December, 1995. He threatened to stab her, told her that she would die if she screamed, held her captive for three hours and raped her three times.

Jailing him for 11 years in 1996 for abduction, false imprisonment, threats to kill and three counts of rape, the Old Bailey Judge Valerie Pearlman told him: "Nothing can excuse or explain your wicked behaviour.

"Her [the victim's] life has totally changed. She now has to have psychological help to deal with the nightmares. She finds it difficult to leave home at all and suffers dreadful nightmares and terrible flashbacks. You are a danger to the public."

His victim was assured repeatedly that he would be deported once he had served his sentence. Naitamu, however, was released from prison earlier this year, and, after five immigration hearings, has secured refugee status and the right to stay in Britain.

A Home Office attempt to have him deported as "a danger to the community" has been thwarted by Jeremy Gibb, an immigration adjudicator, who ruled that the convicted rapist was protected by the European Convention on Human Rights.

Psychologists, probation officers and psychotherapists are said to have argued that Naitamu, who was high on drink and drugs when he raped his victim, and the risk of him reoffending was considered low. Mr Gibb ruled that Naitamu was "a changed man" and remorseful.

He accepted that deportation would contravene Naitamu's "right to respect for private family life", protected by Article 8 of the European Convention.

Naitamu, is now living in east London with a daughter and a wife from Dominica who is said to be claiming income support and benefits.

His victim, a social worker, said yesterday: "I'm horrified. I am still very traumatised. He destroyed my life. I cannot face going anywhere without being accompanied.

"I was assured he would be deported the moment he set foot outside jail. Now I will live in total fear of coming face to face with him."

The Home Office yesterday insisted that it would continue with attempts to deport Naitamu. A spokesman said. "We are seeking leave to appeal to the Immigration Appeal Tribunal."

Naitamu is thought to have arrived in Britain in 1994 and be from a wealthy Kenyan family with a father who worked in the Kenyan air force. He is understood to have claimed that he had been tortured and his father and girlfriend killed by political opponents.

Naitamu, however, is said to have kept changing aspects of his story when questioned by immigration officials. He first said his mother had been "beaten up", but later changed this to rape, then claimed that she had died.

Humfrey Malins, the shadow Home Office minister, said the case highlighted serious flaws in the asylum system.

"This kind of case takes our system for a ride. Most right-thinking people would be aghast to hear that this man has been allowed to stay. After such a grievous crime, he should have been deported."

[jocon307]

If I said what I'm thinking I'd be banned for life.

And the fellow in the story doesn't even get deported.

[auboy]

Let him stay in England. Six feet under England!

[HiTech RedNeck]

If he is kicked back to Kenya, somehow I don't think they'll be waiting for him chanting Kumbaya. Which is just fine with me.

[Eternal_Bear]

suicide of the West continues...

[Desert88]

And for those of you keeping track at home, this means diversity trumps feminism in the leftist canon.

[1066AD]

The country where I grew up has gone totally bloody mad.

[CapnMcK]

One of these days, the Brits are going to get fed up with all this bovine excrement and run a whole bunch of judges, politicians, bureaucrats, and other socialists out of the country. Send 'em all to France. They deserve each other.

[LoneRangerMassachusetts]

Naitamu, is now living in east London with a daughter and a wife from Dominica who is said to be claiming income support and benefits.

His victim, a social worker, said yesterday: "I'm horrified. I am still very traumatised. He destroyed my life. I cannot face going anywhere without being accompanied.

I wonder if the social worker victim has figured out that she and her commrads are the ones who perpetuate this social problem. In the end, its a proble that will lead to civil war. The socialists think they can keep a lid on the problem. I doubt it.

[Harmless Teddy Bear]

I doubt there was anything political in his leaving. Likely did the same thing there that he did in England.

[auboy]

When I first saw the headline, I thought that WJC had won his legal fight to stay in Britain. LOL!

[claudiustg]

--A Home Office attempt to have him deported as "a danger to the community" has been thwarted by Jeremy Gibb, an immigration adjudicator, who ruled that the convicted rapist was protected by the European Convention on Human Rights. --

Have him move in with this Jeremy Gibb. I think it would assure that Mr. Gibb does not re-offend.

[dagnabbit]

I'm sure British womens groups and feminist organizations will turn out in force to demonstrate against the immigration decision in favor of this rapist.
</sacrasm

[pgkdan]

Stories like this make it appear that Britain and Europe have lost their will to survive and have simply decided to give up and be engulfed by the third world tidal wave that's threatening the whole continent. If the Brits don't fight this ruling and all others like it they will be engulfed.

And we'd damned well better pay attention on this side of the water too.

[montag813]

Naitamu, however, was released from prison earlier this year, and, after five immigration hearings, has secured refugee status and the right to stay in Britain. A Home Office attempt to have him deported as "a danger to the community" has been thwarted by Jeremy Gibb, an immigration adjudicator, who ruled that the convicted rapist was protected by the European Convention on Human Rights.

If this was my mother, or sister, or wife, this savage would already be dead. I am wondering what the victim's family is waiting for...an invitation?

[little jeremiah]

And for those of you keeping track at home, this means diversity trumps feminism in the leftist canon.

LOL! (Although it's not a laughing matter - poor woman!)

Now, if the victim had been a lesbian, who would have trumped?

Or if the rapist had been a refugee from Eastern Europe, and the victim was Jamaican?

[dagnabbit]

I think George Bush's White House website has some things to say about immigration - just check the Spanish-language side of the site.

[WackyKat]

Stories like this make it appear that Britain and Europe have lost their will to survive and have simply decided to give up and be engulfed by the third world tidal wave that's threatening the whole continent.

It is looking that way, but I still believe that at some point, the Europeans will snap out of their suicidal delusions, and will come down like a hammer on the Islamists.

[Desert88]

Very good questions.

Though I enjoy watching the leftist canon evolve in the same way a rubbernecker enjoys gawking at the scene of a grisly accident, I am far from an expert.

Perhaps if you post those questions at a left-wing board, you can (metaphorically) watch their precious little Marxist heads explode as they try to reconcile the inconsistencies in their doctrine.

[Gritty]

Stick a fork in Jolly Old England.

She's done.

[Byron_the_Aussie]

The Lord Chancellor has appointed Mr Jeremy Roderick Gibb (Barrister) to be a permanent salaried part-time Immigration Adjudicator. Mr Gibb will be assigned to the London Region with effect from 5 August 2002. Note for Editors Mr Gibb is 40. He was called to the Bar in July 1989 and was appointed as a part-time Immigration Adjudicator in July 1999.

[af_vet_1981]

His victim was assured repeatedly that he would be deported once he had served his sentence. Naitamu, however, was released from prison earlier this year, and, after five immigration hearings, has secured refugee status and the right to stay in Britain. A Home Office attempt to have him deported as "a danger to the community" has been thwarted by Jeremy Gibb, an immigration adjudicator, who ruled that the convicted rapist was protected by the European Convention on Human Rights.

Europe is completely bizarre and dysfunctional. They have nothing useful to offer the world in terms of religion, ethics, or morality.

[Byron_the_Aussie]

Jeremy Gibb
practice areas: asset finance, Islamic finance
industry sectors: aviation, energy and utilities, rail, shipping
located in: Hong Kong
(tel.) + 852 3405 2338

Norton Rose (Gibb's legal firm) has over 30 years of Islamic finance experience and is widely recognised as one of the leading practitioners in this field. The firm is ranked top of the field by the 2002 Legal 500 directory, which notes that "Norton Rose continues to lead this sector by a substantial margin... The firm has a very impressive client list of Middle Eastern and London banks such as ABC IB Islamic Asset Management Ltd, Dawnay, Day & Co and the United Bank of Kuwait".

[little jeremiah]

Hmmmmm..... Interesting connection. Money stinks doesn't it?

[Bonaparte]

"...the convicted rapist was protected by the European Convention on Human Rights."

...rights extending only to the criminal.

[Byron_the_Aussie]

..money stinks doesn't it?...

Depends on whose hands it's in.

My guess: the 'Islamic finance' which has gone into Mr Gibb's pockets, has made him ambivalent about protecting the culture which has given him his stratospheric lifestyle.

[aculeus]

Thanks for the info on the odious Mr Gibbs.

[little jeremiah]

Lawyers really stink.

[clee1]

If this was my mother, or sister, or wife, this savage would already be dead.

You said it, FRiend. Me & Mr. Nasty (the Streetsweeper) would have been waiting for him. The last thing that went through his mind would have been several loads of OO buckshot. No joke.