Scot accused of child rape in Gambia 'too ill' to attend trial

Published on Wednesday 21 July 2004 01:55

A SCOT due today to face charges of raping a ten-year-old girl in Gambia is to miss the court hearing on health grounds.

John MacKintosh, 63, from Inverness, was arrested on the outskirts of the country’s capital, Banjul, in May in connection with the alleged offence.

MacKintosh, an accountant, is believed to be the first person to be charged under the West African country’s new sex-tourism laws. If convicted, he faces up to 14 years in jail.

He was at home in Inverness yesterday but refused to discuss the case. Instead he referred calls to his Glasgow-based solicitor, Aamer Anwar, who said his client was not fit to travel, although declined to reveal details of his illness.

He said MacKintosh also has serious concerns about the legal process in Gambia and whether he would receive a fair trial.

Mr Anwar said he is seeking to clarify the charges against his client, although confirmed that one of the allegations is of rape. He said MacKintosh strenuously denies the allegation: "We have a tradition, which we hope is extended to other Commonwealth or ex-Commonwealth countries, that a person is innocent until proven guilty," he said.

It was reported that a diplomatic row had broken out after MacKintosh was issued with a new passport by the British High Commissioner and allowed to return to the UK before his case was heard.

He had his original passport taken from him by the police and Gambian officials were said to be unhappy that MacKintosh had gone back to Britain.

Yesterday, a Foreign Office spokeswoman said: "We understand that Mr MacKintosh was released on bail and retention of his passport was not a condition of bail. His lawyer had actually asked the magistrate to return his passport so he could travel to the UK and return for his initial hearing on 10 June and the magistrate agreed."

She said it is a matter for the Gambian authorities if MacKintosh fails to appear in court today. He failed to attend two previously scheduled court appearances after his initial hearing on 19 May because he had been in hospital.

A doctor’s certificate was submitted and the case was continued until the end of June but he was unable to attend that hearing because he was in hospital, so it had been deferred until today.

In a recent radio interview, MacKintosh claimed he was the victim of a blackmail attempt. He said the girl’s parents made up the allegations and demanded 3,500 to keep quiet.

He said the rape allegation was "a pure fabrication and a deceit" and added: "I took this family from poverty. I put them in a good house. I never asked for anything in return. I spent thousands [of pounds] on them. I believe the truth will prevail."

The father of the alleged victim has claimed MacKintosh had offered to adopt one of his other daughters and pay for her education in Britain.

UNICEF, the United Nations children’s fund, has urged the British government to extradite MacKintosh to face the charges.