Morning:
13°c
An awesome and ridiculous film that leaves you thrilled beyond the point of your natural endurance
London faces a wave of bus and Tube strikes that could cause chaos for millions of passengers as unions walkout over pay and conditions
More...
Congolese rapist with HIV who raped mother of three fights deportation because of 'dangers' in his own country
Last updated at 01:07am on 04.05.08
Linkoy Muhuri, who raped a frail mother of three, claims he faces dangers in his own country
Linkoy Muhuri, a failed asylum seeker from the Congo, claims he faces dangers in his own country because of his medical condition and his ethnicity.
The former hairdresser, 40, was jailed for ten years after attacking the Aids counsellor, 34, who has sickle cell anaemia and had her feet covered in bandages at the time.
During his prison sentence, he has been eligible for free treatment for HIV worth tens of thousands of pounds.
Despite a judge recommending him for deportation on his release, his wife and two children were allowed to stay in Britain so they could visit him.
Muhuri, who came to Britain in 1999, has now served his sentence. But appearing before an Asylum and Immigration Tribunal in Brentford, West London, yesterday he produced more reasons as to why he should be allowed to stay.
As well as medical and family reasons, his lawyer secured him a two-month reprieve by arguing that his "ethnicity" could put him in danger in the Congo.
While his father is Congolese, his mother is Rwandan and may have been involved in politics, the tribunal heard.
Muhuri, who is understood to be a Hutu, also claims he was tortured in the Democratic Republic of the Congo for his political views.
He was originally denied asylum because Home Office officials did not believe he was fleeing for his life.
Yesterday, immigration judge Lynn Verity delayed the full deportation hearing until June to give the Home Office the opportunity - if it wished - to look into Muhuri's latest claim.
She added that a full four-hour hearing would be required to hear all the "complex issues" in his case, including his "medical issue" and the "regard to family life".
"This is not part-heard, we haven't even started yet," she said.
During the hearing Muhuri, who was dressed smartly in a suit and tie, glanced at two women, believed to include his wife, in the public gallery.
Grace Brown, for Muhuri, said he felt the "interests of justice" may not be served if the Home Office were not given time to review his claim.
Muhuri raped his victim seven years ago, three and a half months after marrying his girlfriend Nothemba Jozi in North London.
He lived in Tottenham at the time. It will be up to the asylum and immigration panel to make a final decision on deportation. However, Muhuri could then still appeal.
Reader views (1)
Can the State guarantee that he will never rape again, whilst staying in the UK? Can the state guarantee that none of his future victims could become infected with AIDS? Refusal to deport him constitutes imposing an avoidable and therefore unnecessary increase in the risk of being raped and murdered upon all the women in the country. The act of deporting him cannot be said to be anything other than his own fault. Any consequential problems for him associated with deportation are self inflicted. He should not under any circumstances be allowed to stay. Effectively, any who advocates that he not be deported are arguing that the women of the UK should be endangered, to reduce the hypothetical danger which he may face if he returns home.
- John Mclachlan, Mangaf, Kuwait
