Rapist taxi driver jailed for nine years

A HIV-positive taxi driver twice found guilty of raping a teenaged female passenger was jailed for nine years today.

Abdirazak Yussuf Mussa, 56, was originally found guilty in November 2007 of rape and abduction with intent to sexually violate and jailed for seven years.

The Court of Appeal last year quashed the conviction and ordered a retrial.

Last month he was again found guilty of raping the woman but not guilty of abduction.

Passing sentence in Wellington District Court today, Judge Bruce Davidson commented on the long-term effects of the rape, saying the victim still suffered depression, low self-esteem and was uncomfortable in the presence of men.

He said the breach of trust was significant, as people relied on taxis, especially when they had been drinking or otherwise vulnerable.

"Her guard was down, and undoubtedly she was under the influence of alcohol."

In last month's retrial, crown prosecutor Kristy McDonald QC said Mussa after picking up the 18-year-old woman, took her to his house and raped her twice.

Ms McDonald said Mussa restrained the woman with one hand while he removed both their clothes and put on condoms with the other.

Ms McDonald said the incident represented a huge breach of trust - many in the community relied on taxi drivers, especially women and people who have been drinking.

"There was premeditation in this case. The offender picked up the victim and took her to his house with this in mind," she said, requesting Mussa be jailed for 12 years.

Mussa's lawyer, Donald Stevens QC, asked for a starting point of eight years.

Disputing the Crown's allegations of premeditation, he said the woman could have left the situation many times before the rape took place.

He said Mussa already had a shorter life-span than other people, so the jail sentence represented more of his life than those not infected.

Mussa did not know how he contracted the HIV virus, but suspected he picked it up from an infected needle while undergoing a medical procedure overseas, Dr Stevens said.

Throughout both trials, Mussa has denied the charges, saying the teenager willingly went to his house and the sex was consensual. He cried throughout the sentencing.

Since coming to New Zealand from Somalia, he had been hard-working, honest and had no previous convictions, Dr Stevens said.

As well as starting his own business, he contributed greatly to the Somali community, finding jobs for people, helping with shopping, bills, welfare, arranging prison visits, as well as looking after war-widows and their families who had come to New Zealand.

He also had a daughter with Down Syndrome, who was so close to her father "she was like his shadow".

Judge Davidson set a sentencing starting point of 11 years but took off two years for mitigating circumstances.

- NZPA