Yaaqob Saleh allowed his victim to charge her phone inside the newsagents in order to call for a taxi home but then sexually assaulted her
Yaaqob Saleh outside Liverpool Magistrates’ Court(Image: Liverpool Echo)
A woman who became stranded after a night out sought help in a newsagents but was sexually assaulted by a member of staff. Yaaqob Saleh left his victim curled up in a ball and crying after preying upon her in the early hours inside the shop where he worked.
The incident was said to have “impacted almost every part of her life” and left her asking “why me?”. However, his sentencing has been delayed after his solicitor admitted to not having the “professional experience and expertise” to represent him during criminal proceedings.
Liverpool Magistrates’ Court heard yesterday afternoon that the complainant had been out in Liverpool city centre in March last year before seeking to take a taxi home alone. However, with her phone having run out of battery, she went into Liverpool One Newsagents and Convenience Store on Whitechapel for assistance.
Michelle Dodd, prosecuting, described how Saleh, of Wendell Street in Toxteth, was working behind the counter and allowed her to charge her mobile so that she could book a taxi. The 20-year-old defendant invited her to sit near to a heater on steps beside the till and, after serving a customer, sat down next to her.
Saleh then “began to touch her thigh and asked for a kiss”, although she refuted his advances. He however “managed to kiss her on the cheek” and, having dealt with another shopper, “sat back down and put his hand up her skirt, touching her crotch area”.
When Saleh then went to serve another customer, the victim “curled up in a ball and began to cry”. When her phone was sufficiently charged, she was able to contact a friend and left the store.
Yaaqob Saleh outside Liverpool Magistrates’ Court(Image: Liverpool Echo)
In a statement read to the court on her behalf, she said: “Since this incident, I’ve experienced a wide and overwhelming range of emotions. Anxiety, depression and anger have been the most persistent.
“In the weeks and months following the assault, I began to struggle deeply with sleep. I still suffer from regular nightmares, which cause me frequently to wake throughout the night. These episodes have created a fear of sleep and a constant feeling of emotional exhaustion.
“One of the most significant effects has been the loss of my independence. Before the assault, I was confident and self assured. I felt safe travelling alone, making decisions for myself and simply existing in the world. That sense of security has been stripped away.
“I now rely on my parents to meet me or accompany me when going out. I constantly feel as though what happened once could happen again. This loss of independence brought with it an overwhelming sense of grief. I felt as though a vital part of my identity had been taken away without my consent. My self worth deteriorated. I began to feel as though my body was somehow wrong or repulsive, and I blamed myself.
“These thoughts have spiralled into regular suicidal ideation and a serious dependency on self harm as a coping mechanism. I became emotionally detached from reality and deeply distrustful of others. Even the people trying to help me felt suspicious.
“I also felt deep anger. I was angry at the perpetrator, but also angry at the world. I kept asking myself, why me? I never found a satisfying answer. That question stayed with me every day.
“In an attempt to cope, I began drinking excessively. I used alcohol to temporarily silence the pain and hatred I felt, but this only deepened my feelings of isolation and damaged many of my close relationships. I felt tired and unwell most days.
“Where I used to have energy and drive, I began to struggle to complete basic tasks or get out of bed. This incident has impacted almost every part of my life. It has changed the way I view the world and the way I view myself.”
Yaaqob Saleh outside Liverpool Magistrates’ Court(Image: Liverpool Echo)
Ms Dodd, who also asked the court to consider imposing a restraining order which would prevent Saleh from contacting the woman, added: “The complainant was vulnerable at the time. She was charging her phone in order to get home, and the defendant has exploited this.”
Saleh, who wore a black North Face hoodie in the dock and was assisted by an Arabic interpreter, was found guilty of sexual assault following a trial. Bushra Anwar, defending, told the court on his behalf during Tuesday’s hearing: “There is an appeal pending. There is an application for a execution of stay until the appeal is heard. The grounds of appeal are quite detailed. There are properly arguable grounds.”
However, District Judge James Hatton said: “The fact that he is appealing does not stop the court from proceeding to sentence. You are asking for a stay of execution. I have literally never been asked for that. The ordinary way in which these matters are dealt with is for me to sentence the defendant to whatever I think is an appropriate sentence.
“For example, if there were community based requirements, you can make an application for those to be suspended while the appeal is being heard. If, for example, I determined that the matter would need to be dealt with by immediate custody, it would be open to you to apply for bail pending appeal.”
Ms Anwar then continued: “He has no previous convictions. The pre-sentence report does suggest alternative methods than custody. There is a risk of the application being rendered academic if the sentence is carried out before any hearing is heard.
“While she was in the premises at two o’clock in morning, she had been drinking since five in the evening. She was free to leave at any stage. She was free to call out. The CCTV evidence does not support her version of events.”
Yaaqob Saleh outside Liverpool Magistrates’ Court(Image: Liverpool Echo)
At this, the judge told her: “You have made it abundantly clear that your client intends to appeal the decision which my colleagues made. That is his right, but that is not going to stop me sentencing on the crown’s case. That is the case that has been proved to the required standard of criminal proof.
“My assessment of what I have been told is that this is a young person on a night out, who is entitled to be on that night out, who has gone into that business to try to get some help and, for her troubles, has been sexually assaulted. Please stick to appropriate mitigation.”
Ms Anwar continued: “I respectfully ask you to take into account the pre-sentence report’s recommendations.. With regards to the restraining order application, my client has never attempted to approach the complainant at any point.
“On the contrary, on the last occasion in court, when the defendant attempted to leave the building with the lady interpreter, the father of the complainant came up to him and threatened him that he was going to be visiting his house. I would like that to be placed on record. We do have a witness.”
Judge Hatton however stated the magistrates’ court “was not a court of record” and there was “no record to place this on”, adding any allegation of criminal behaviour should be reported to the police. When asked to address the court on the sentencing guidelines, Ms Anwar added: “He has no previous convictions.”
Having been handed the judge’s laptop in order to enable her to review said guidelines, the defence solicitor added: “There is an allegation by the victim of psychological harm. But there is no supportive evidence of that.”
When Judge Hatton pointed out that the victim’s statement was “some evidence of that”, Ms Anwar replied: “With respect, I would like to correct that. I did not say no evidence. I said no supporting evidence.”
Ms Anwar went on to say that she did not wish to address the court on the imposition guidelines, which a court uses in order to decide whether a custodial sentence should be served immediately or suspended. At this, Judge Hatton said: “With respect, there have been a number of occasions now where I have had to speak to you about pretty basic things in criminal procedure. Do you feel that you have the professional experience and expertise to conduct a criminal sentencing exercise?”
In response, Ms Anwar said “at the moment, I would say probably not”. The judge then continued: “It is not fair on a defendant who is charged with very serious matters, where the starting point is a custodial sentence, for him to be represented in that way.”
The complainant was seen wiping away tears with a tissue in the public gallery as the sentencing hearing was adjourned until January 29 to allow Saleh to obtain alternative representation. He was released on bail until this date under conditions not to contact the victim.
Judge Hatton added: “Mr Saleh, I do not think it is fair in the circumstances, as matters have unfolded this afternoon, for the case to be dealt with today. I will allow alternative arrangements to be made.”