More on KentOnline
A Canterbury man accused of being one of the laughing gang rapists who allegedly attacked a teenage girl told police he was being sick in the street at the time.
Shershah Muslimyar told officers he was drunk and feeling ill on the night the 16-year-old alleges she was abused - but later told a jury he had consensual sex with her in the street.
After his arrest, the 20-year-old pizza worker, from Hovenden Close, gave a prepared statement to detectives.
He wrote: “I deny the allegations of rape. On (that) Saturday night I was working at 555Pizza (in Thanet).
“I work until about 12 to 1am Sunday morning. I then went upstairs to my girlfriend’s room which is above 555 Hot Curry (in Northwood Road, Ramsgate).”
He claimed that together with a friend Rafi they went to Ramsgate and began drinking in the Royal Club and the Rokka Club.
Muslimyar told the jury at Canterbury Crown Court: “We then went home. I was left alone near the 555 Pizza place because I was very drunk and being sick.
“I saw a young girl and she was with four or five males and she was acting very drunk.
“She approached me and asked for money to get home. I don’t remember if I gave her any as I was feeling very ill.
“She then walked off with two males. I carried on being sick. I then went upstairs to Kimberley Young’s (my girlfriend) room... I then got undressed, got into bed and both of us fell asleep together.”
But the prosecution claimed that Muslimyar and three others took the drunken teenager to a flat above the pizza restaurant where they carried out a number of sex assaults.
Prosecutor Simon Taylor claimed that after pushing her onto a mattress they carried out multiple rapes “and laughed as they put her through the ordeal”.
"She jumped at me, hug me (sic). Yeah. She kissed me. I was drunk as well. I kissed her as well" - Shershah Muslimyar
During questioning, Muslimyar later claimed the girl in the street had kissed him.
“She jumped at me, hug me (sic). Yeah. She kissed me. I was drunk as well. I kissed her as well.”
The police officer asks: “You put your hands on her clothing?”
Muslimyar: “yeah”
The officer: “Did you touch any other part of her?”
Muslimyar: “No comment”
Officer: “Did you touch anything other than her clothing?”
Muslimyar: “No comment.”
He then told the court he had consensual sex with the girl in the street.
The former Canterbury College student – who claimed he blew £85 on booze that night - told the jury how the girl began kissing him before wrapping her legs around him.
“We started kissing. Nothing was said before. She gave me a kiss and I started kissing her back. We were snogging.”
Then Muslimyar said he carried the girl across to Violet Avenue in Ramsgate with her legs wrapped around his waist.
He told the court: “She smelled of drink but she wasn’t that drunk. She wasn’t that drunk not to know what she was doing.”
Muslimyar said the girl never gave him her name but he told her his nickname was Jan.
He said she then pulled down her leggings and he pulled down his trousers.
His barrister Glenn Harris asked: “What happened next?
Muslimyar replied: “Then we had sex. I wasn’t wearing a condom and I ejaculated. Nothing was said while we were having sex for five to 10 minutes.”
Mr Harris asked: “Did she resist?”
He replied: “She didn’t say nothing at all. I thought she was agreeing.”
Muslimyar said the girl then walked away in the direction of two of the friends he had been out with that night.
The girl has alleged she was carried into a room by men she met in the street to ask directions and repeatedly raped.
Muslimyar said after having a cigarette he then went to a room above the takeaway restaurants to see his girlfriend who had been waiting for him.
He said he later spoke with Hamidy – known as Rafi – who told him they had a prostitute in another room.
He also told how he had come to Britain from Afghanistan in 2013 seeking asylum. His application was rejected and he is appealing that decision.
He was asked about his family but claimed he had no idea what happened to his parents.
The day after the alleged rape, Muslimyar said he had sex with another girl, who he received a love bite from.
His barrister Glenn Harris asked: “So you cheated on your then girlfriend?”
Muslimyar replied: “Yes”
He told the jury he only found out about the rape allegation when two friends told him his boss had been arrested.
"She didn’t say nothing at all. I thought she was agreeing" - Shershah Muslimyar
They told him that the girl he claimed he had consensual sex with had later made rape allegations.
He said he had not asked her name or her age but thought she might be “18 or 19.”
Three days later he went to a police station after his girlfriend told him police officers were looking for him.
Muslimyar said he told lies to police because he feared the possible consequences if he told the truth.
Mr Harris asked: “Did you rape this girl or did you assist others in raping her?” He replied: “No, not at all.”
Earlier, his girlfriend told the court how that during the evening of the alleged rape, she had heard “sex noises” coming from another room above the restaurant.
Muslimyar, restaurant owner Tamin Rahani, 37, of Northwood Road, Ramsgate, Rafiullah Hamidy, 24, of no fixed address and a teenager from Ashford, who can’t be named for legal reasons, all deny three charges of rape.
The trial continues.