Former Halifax taxi driver files appeal of sexual assault conviction

A former Halifax taxi driver who was sentenced to two years in prison last month for sexually assaulting a woman eight years ago is appealing his conviction.

Bassam Al-Rawi filed a notice of appeal through his lawyer last week. He is asking to be released on bail pending appeal.

Al-Rawiwas convicted in August of sexuallyassaulting a woman in his Bedford, N.S., apartment on Dec. 15, 2012, after picking her up in a taxi while she was lost in downtown Halifax.

In December, Al-Rawi's request fora mistrial was rejected. Hewas sentenced to two years in federal prison.

The appeal documents allege thecourt erred when considering certain evidence relating to the complainant's credibility and when considering identification evidence, as well as improperly usinghearsay evidence. The documentsalso allege the court erred in shifting the burden of proof to Al-Rawi,and determining if the intention to commit a crime for the sexual assault offence was met.

The victim, whose name is protected by a publication ban,testified during Al-Rawi's trial that she drove from Pictou County to Halifax with a group of friends on Dec. 14, 2012. After a night out, she said a taxi driver picked her up at a downtown location and took her back to his place.

She said he later assaulted her in his bedroom while she was drunk and pretending to be unconscious.

The victim reported the assault right away, but police did notlay charges at the time. Years later, she came forward again after hearing the same taxi driver had been acquitted of a different sexual assault in 2017.

'Drunk can consent' controversy

Al-Rawifaced previous charges related to allegations he sexually assaulted a passenger in his cab in 2015, after apolice officer found the woman unconscious in his vehicle.

The case received backlash and national attention after the original trial judge said, "Clearly, a drunk can consent," and acquitted Al-Rawi in 2017.

A new trial was ordered but Al-Rawi was acquitted again in that case in September 2019.

Al-Rawi and his wifelive in Germany. They travelled to Nova Scotia for the trial last summer.

The court documents say two bail plans have been proposed for Al-Rawi;the firstwould allow him to return to Germany pending his appeal.

Al-Rawi wants to see the birth of his first child in May, as well as keep his struggling businesses there afloat.

He ownsa car rental company in Germany that employs more than 30 people. Al-Rawiis worried the company will fail due to "his lack of direct supervision and the economic effects of the COVID-19 global pandemic," the documents say.

Bail hearing scheduled for Thursday

Al-Rawihopes to become a German citizen, buthisconviction is a barrier to doing so. He must beinGermany to renew his temporary residency permit, which expires in April.

While his wife remains in Halifax on a visitor's visa, she cannot reside or work here, and is not entitled to MSI health benefits. She will have to return to Germany for the birth of their child, court documents say.

Al-Rawi hasmade efforts to sponsor his wife to obtain permanent residency in Canada, however the conviction prohibits him from doing so.

The second proposed bail planwould seeAl-Rawi live in Ottawa at property belonging to his friend's brother-in-law. The court documents say Al-Rawi fears for his safety if he remains on bail in Halifax, as his "notoriety ... makes it difficult for him to rent an apartment and obtain employment."

Al-Rawi's bail hearing is scheduled to beheld Thursday.