The trial of a failed Somali asylum seeker accused of serious sexual offences was abandoned at Winchester Crown Court after officials were unable to find a suitable interpreter.
A jury had already been sworn in for the trial of Abdinasir Elmi, 26, who is accused of sexually attacking a woman in Bournemouth, Dorset, on April 22 last year. Elmi was due to stand trial on two charges: one count of sexual assault by penetration and a second count of sexual assault by touching.
However, proceedings were halted before any evidence could be heard when the court confirmed that no Somali interpreter was available to assist the defendant.
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Judge Rufus Taylor told jurors that continuing the trial without an interpreter would be unfair and legally unsound. He said the court had no choice but to discharge the jury.
“The Big Word,” the company contracted to provide interpreters to the courts, was unable to source one for the trial, the judge explained. He told the court that one interpreter was ill while another could not be reached.
“If you were facing trial in Mogadishu, you would want an interpreter,” Judge Taylor said. “It would simply be completely unfair to embark on this case without him being able to understand 100 per cent of the proceedings.”
The court was told that Elmi is regarded as a “very promising” athlete and had been described as a “great hope for the future.”
A previous hearing also heard that Elmi’s application for asylum in the UK had been rejected by the Home Office and that he is currently appealing the decision.
Judge Taylor adjourned the case, ordering that a new trial begin on April 7. Elmi was remanded in custody until that date.
The case has raised fresh questions about the availability of court interpreters and the impact such shortages can have on the administration of justice.
