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Last Updated: Friday, 16 January, 2004, 17:24 GMT
Rape tourist wins freedom appeal
High Court in Edinburgh
The appeal hearing was held at the High Court in Edinburgh
A German tourist who was found guilty of rape 18 months ago at the end of an unprecedented trial in Edinburgh has been cleared on appeal.

Bayram Cinci was alleged to have forced a Swedish backpacker to have sex with him in a hostel shower.

The case made Scottish legal history because it was the first in which testimony was taken by TV link from a witness in another country.

A Scot who moved to Australia gave evidence from a courtroom in Brisbane.

'Not enough evidence'

A jury at the High Court in Edinburgh had heard claims that a 26-year-old Swedish backpacker was forced to have sex in a shower at a hostel in Oban.

She was found naked and cowering in a corner while Bayram Cinci, now 32, stood over her - also naked.

The incident occurred after a couple of bottles of whisky from a distillery visit had been passed round the coach during that day's stage of a three-day "Highland Romp" tour.

The Swedish woman had gone to the showers to sober up after a row with her Swedish boyfriend.

Cinci, a Turkish-born German national, denied the rape charge but was jailed for five years after a jury found him guilty.

Defence advocate Margaret Scott QC told the Court of Criminal Appeal in Edinburgh that there was not enough evidence to prove that the Swedish woman had made it clear to Cinci that she was unwilling to have sex with him.

The lawyer also objected to some of the things trial judge Lady Smith said to the jurors before sending them to consider their verdict.

After two days of legal argument, Scotland's Lord Justice Clerk, Lord Gill, sitting with Lords Kirkwood and McCluskey, decided that Cinci's conviction should be set aside.

He was freed, on bail, last March, pending the outcome of his appeal.

The judge's reasons will not be made public until a later date.

Rapist jailed for five years
05 Sep 02  |  Scotland
Court link makes legal history
07 Aug 02  |  Scotland

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