Sex offender appeal

Oct 10 2008 by Les Stewart, Perthshire Advertiser Friday

A PROMINENT member of the Perth Muslim community, jailed in August for indecently assaulting two teenage girls who worked for him, has lodged notice of an appeal against his sentence – and conviction.

Father-of-three Farooq Hussain was given 45 months behind bars and had his name added to the Sex Offenders’ Register for life after his trial.

And when he is released, he will be monitored for a further 30 months “to protect the public from harm.”

The 56-year-old, who ran several successful Indian restaurants in Perth, has given notice to the High Court of Justiciary in Edinburgh that he intends to appeal, it emerged yesterday.

A jury took over five hours to deliver their majority verdicts of guilty against Hussain, of Pitcullen Crescent, Perth.

Said to pray five times a day at his local mosque, he was convicted of sexually assaulting a 15-year-old girl at the Al Farooq Restaurant in County Place, Perth, in November 2002 by touching and fondling her.

He was also found guilty of fondling another girl, aged 14, at a property in Crieff Road, Perth, in July last year and indecently assaulting the same girl at a house in New Row, Perth, last August.

The father of one of the victims, who can’t be named for legal reasons, said afterwards that the jail terms should have been even longer.

“This has been an absolute nightmare for the whole family,” he said.

“His solicitor spoke as if he was an angel – as far as I am concerned he’s an animal. He deserved everything he got.”

The court was told that saliva was found on the upper part of the body of one of the victims.

It contained DNA which matched Hussain’s – and the probability it did not come from him was said to be “one in a million.”

He claimed he had spat on the girl’s breasts because he was disgusted and degraded she had lifted her top.

Solicitor David Holmes said that his client still maintained the position he held at the trial – he denied committing the offences.

He added: “The publicity which followed the trial caused significant humiliation to Mr Hussain and his family.”

That, however, had also prompted several testimonials in his support.

One described him as “an extremely caring individual, always able to provide help and support.”

Mr Holmes asked that a non-custodial sentence be imposed.

But Sheriff Lindsay Foulis said that prison was the “only appropriate disposal,” in the case.

The girls were in his employment at the time – and he should have been looking after their interests and welfare.

But he added: “You breached and abused that trust.”

He had also “besmirched the character” of one of the victims by attempting to give an innocent explanation for the compelling evidence which pointed to his guilt.