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Government apologises to student after sex attacker deported early

Baftjar Bilalaj, 25, attacked the young woman in a park as she returned to her college after a night out in October 2021.

Luke O'Reilly
Friday 17 February 2023 20:37 GMT
Baftjar Bilalaj, 25, attacked the young woman in a park as she returned to her college after a night out in October 2021.
Baftjar Bilalaj, 25, attacked the young woman in a park as she returned to her college after a night out in October 2021. (PA Archive)

The Government has apologised to a Cambridge University student after a man who attempted to rape her avoided the consequences of his jail sentence being extended by being deported early to Albania.

Baftjar Bilalaj, 25, attacked the young woman in a park as she returned to her college after a night out in October 2021.

In November last year, a judge at Peterborough Crown Court jailed Bilalaj for three years and four months after a jury found him guilty of attempted rape and sexual assault.

Solicitor General Michael Tymlinson later sought to have his jail term increased, arguing it was unduly lenient, but was unaware Bilalaj had been voluntarily deported under an early release scheme in January.

At a hearing in London on Friday, senior judges increased Bilalajā€™s total sentence to seven years, but noted their ruling may be an ā€œempty gestureā€ unless he is arrested in Albania.

Lady Justice Macur, who considered the case with Mr Justice Fraser and Mr Justice Cavanagh, told the court that Bilalajā€™s situation was ā€œhardly an attractive state of affairsā€ and that ā€œnobody at the Home Office consulted with anybody at the Ministry of Justiceā€.

Responding to the ruling, the Government said they are examining how information is shared between departments ā€œto prevent this from happening againā€.

ā€œWe know the issues with todayā€™s hearing have been upsetting for the family of Baftjar Bilalajā€™s victim and we are examining how information is shared between departments to prevent this from happening again, a Government spokesperson said.

ā€œThe case proceeded in Mr Bilalajā€™s absence to allow the court to consider an important point of law and enabled it to mark the true seriousness of his appalling crime.

ā€œWe apologise this was not the outcome the victimā€™s family were hoping for.ā€

Lady Justice Macur said the original sentencing judge ā€œfailed to have sufficient regard to the aggravating featuresā€ in the case, including the victim being young, alone, and ā€œobviously intoxicatedā€.

She said Bilalaj was voluntarily deported on January 25 under a scheme which meant he was no longer in custody in Albania.

The earliest date for his release in the UK would have been May 25 this year, the judge said.

ā€œWe come to the conclusion that this sentence was unduly lenient and that public confidence should be restored,ā€ she added.

Paul Jarvis, representing the Solicitor General, told the court that the Attorney Generalā€™s Office (AGO) first became aware of Bilalajā€™s deportation when the Court of Appeal had difficulties locating him.

The barrister said it needed to be explored with the Home Office and authorities in Albania ā€œwhether increasing his sentence would have any impact upon his status in that countryā€, adding: ā€œthe truthful answer is we just do not knowā€.

Mr Jarvis said the victimā€™s family ā€œare, to put it mildly, unhappy that the situation has developed in the way that it hasā€.

The barrister argued Bilalajā€™s original sentence ā€œfell significantly below what it should have beenā€, highlighting that the victim was ā€œparticularly vulnerableā€ at the time of the offence.

The AGO said in written submissions to the court that Bilalaj only stopped in his attack on the young woman ā€œbecause he was disturbed by the sound of someone else in the parkā€.

The office also said the victim was left having ā€œfrequent nightmaresā€ and had ā€œlost trust in other peopleā€.

It added: ā€œShe used to be a happy and confident person but not anymore.ā€

Tasmin Malcolm, representing Bilalaj, argued his sentence was not unduly lenient and that his attack had not been a ā€œtargetedā€ offence.

The barrister said Bilalaj was ā€œat libertyā€ in Albania, but that he was ā€œnot unlawfully at largeā€.

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