Advertisement

Rapist who defecated in court has appeals dismissed, asks for lawyer again

Isham Kayubi, 49, was sentenced to 32 years’ jail and 24 strokes of the cane in February after being convicted of raping and sexually assaulting two 14-year-old girls in 2017. (PHOTO: Dhany Osman / Yahoo News Singapore)
Isham Kayubi, 49, was sentenced to 32 years’ jail and 24 strokes of the cane in February after being convicted of raping and sexually assaulting two 14-year-old girls in 2017. (PHOTO: Dhany Osman / Yahoo News Singapore)

SINGAPORE — A convicted rapist accused of malingering after smearing excrement and urinating in court told the Court of Appeal on Monday (27 April) that he needed a lawyer, blaming the COVID-19 situation for being unable to engage one.

During a virtual appeal hearing, Isham Kayubi denied committing the offences before a panel of three judges and said through an interpreter, “I need a lawyer or else it’s not fair to be sentenced to 32 years”.

The 49-year-old was sentenced to 32 years’ jail and 24 strokes of the cane in February after being convicted of raping and sexually assaulting two 14-year-old girls in 2017.

On separate occasions, the part-time deliveryman lured the girls to his flat under the pretence of giving them money or a new phone to clean or care for his flat. He threatened to call members of his “gang” to rape them if they did not comply to his demands.

Isham, who turns 50 in June, appealed against his conviction and sentence through a video-link on Monday. These were dismissed by the judges, who also denied his last-ditch attempt to engage a lawyer – a move they described as a final attempt to stall court proceedings.

‘Bizarre’ behaviour in court

Delivering the Court of Appeal’s decision, Judge of Appeal Andrew Phang took into account Isham’s “bizarre” behaviour in court. During his first court hearing last August, Isham urinated in the dock and flashed his genitals at Justice See Kee Oon. He was remanded at the Institute of Mental Health but was later found to be of sound mind.

When he returned for his second court appearance on 14 January, Isham again delayed court proceedings by defecating in his prison attire. He then smeared his own faeces on the dock’s glass panel and his shirtfront.

“(Justice See then found that) these were volitional acts for which he had no reasonable excuse. He was actively seeking to disrupt the progress of his trial. Viewed in context, his requests for legal representation was, and remains another tactic by which to achieve this outcome,” said Judge of Appeal Phang.

“Even where they are unrepresented, short shrift will be given to accused persons who seek unnecessary adjournments or wilfully delay court proceedings in any other manner. Where accused persons still choose to engage in such obstructive behaviour, they must also be prepared to bear the consequences that arise therefrom.”

Isham had also repeatedly requested for adjournments to engage lawyers after two of his Criminal Legal Aid Scheme-appointed counsels discharged themselves by end-2018. He also elected not to give his defence when called upon to do so. His behaviour prompted Justice See to warn him against malingering.

The prosecution raised the same concerns during Isham’s Court of Appeal hearing, with Deputy Public Prosecutor (DPP) James Chew pointing out that quite some time had elapsed since the trial proceedings.

“Even before the trial proceedings he had a lot of time to engage counsel but he has not taken the opportunity to do so. There is a serious concern that he is latching on to the COVID-19 situation to delay matters further, given the history for this case that is certainly something we need to be cautious about,” said DPP Chew.

Isham claimed that due to the pandemic, neither his family nor any lawyers had been permitted to visit him.

Judge of Appeal Phang pointed out that Isham’s family could have visited him before the circuit breaker measures were implemented on 7 April. He asked Isham if he attempted to engage a lawyer or write to his family for one.

In reply, Isham said he applied for a lawyer when a prison officer provided him with an application form but none were able to visit him due to the COVID-19 situation.

“I’m still waiting for their reply or result… when I was sentenced on that day, on the day itself I had written up the letter and sent it out to the lawyers,” said Isham.

He also denied his offences, claiming that the recordings tendered in his trial showed both him and the victim in clothes. The appeal judges, however, noted the striking similarities in the accounts of both victims.

“It is unclear how the victims who did not know one another could have independently fabricated such similar narratives. A far more intuitive conclusion is that they were telling the truth,” said the judges in their decision. They also agreed with Justice See’s decision that there was no evidence in support of Isham’s defence that he was a victim of conspiracy or fabrication of evidence.

In dismissing Isham’s appeal against his sentence, the judges also considered his history of offending, including sexual offences he was convicted of in 2008.

2017 offences

In September 2017, Isham texted his first victim claiming that he had seen her at a birthday party. Isham had obtained her number after a friend used his phone to call the girl.

The following month, he offered the victim $150 to clean his house and the girl agreed. He then brought her to his house where he raped and sexually assaulted her.

He threatened to call his alleged gang members if she refused his advances. After the acts, he gave her a lift home and also presented her with a motorcycle helmet and a bluetooth earpiece worth $20.

Isham raped the second victim on 29 October and 3 November 2017. According to the prosecution, she had met Isham for the first time on 29 October at the void deck of her then-boyfriend’s flat.

During the meeting, Isham told her that he was from the “Black Pirate” gang. He asked her if she could help to take care of his flat in exchange for a new mobile phone and the girl agreed.

After they reached the flat, Isham raped her twice and forced her to perform a sexual act on him. He threatened to call his gang to rape her if she refused. Isham also recorded videos of the sexual assaults and threatened to circulate the videos if the victim revealed what had happened.

Following the assaults, Isham sent the girl home on his motorcycle and gave her $20.

Isham again lured the same girl to his house again on 2 November 2017. He had earlier approached her claiming that he wanted to talk about what she had been telling people regarding their previous encounter.

After chatting at a coffeeshop, the girl follow Isham to his house where he raped her again while making the same threats. Isham was arrested on 3 November after the second victim’s boyfriend managed to locate him.

Stay in the know on-the-go: Join Yahoo Singapore's Telegram channel at http://t.me/YahooSingapore

Related story:

Alleged rapist defecates in High Court, claims trial to 6 charges