1 Apr 2010

Second appeal fails for taxi driver convicted of rape

12:28 pm on 1 April 2010

A former Wellington taxi driver who has twice been tried and convicted for raping a teenage passenger has lost his second bid to overturn his convictions.

Abdirazak Mussa, a Somalian refugee, was jailed for nine years in April last year.

His lawyer told the Court of Appeal in February this year that evidence his client had used two condoms should not have been before the jury.

He also challenged the decision to allow the complainant to give evidence from behind a screen.

However, the Court of Appeal on Thursday ruled that the directions given to the jury about Mussa's HIV positive status and use of the two condoms were adequate, and the jury was also warned against prejudice.

The court has also dismissed Mussa's appeal against sentence.