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Thursday, 5 September, 2002, 13:35 GMT 14:35 UK
Rapist jailed for five years
The High Court inn Edinburgh
Cinci was sentenced at the High Court in Edinburgh
A man who raped a Swedish backpacker has been jailed for five years after a case which made Scottish legal history.

The jury in the trial of Bayram Cinci heard evidence from the other side of the world via a live television link for the first time.

Cinci, 31, a German national of Turkish descent living in London, had denied raping the 26-year-old tourist in a hostel in Oban, in July last year.

He was found guilty after a trial at the High Court in Edinburgh.


You raped a young woman who was in a vulnerable state

Lady Smith
Passing sentence, Lady Smith told Cinci that he raped a young woman who was in a vulnerable state.

The court heard that the woman was too drunk to remember anything about the incident.

During the trial television equipment linked the court to a magistrates' court in Brisbane, Australia, so that Ossian Macurcrin, 35, formerly of Dalkeith, Midlothian, could give evidence.

Mr Macurcrin first took an oath under Queensland law and then under Scottish law.

He told the court that he was working as a tour guide in July last year.

While on a bus he handed round a couple of bottles of whisky from a previous distillery visit.

Communal showers

The court heard that the Swedish backpacker, who was drunk, was sick later in the hostel.

Mr Macurcrin took her to a shower to clean herself and sober up.

As he did so "the Turkish gentleman" - who was passing - tried to get into the shower cubicle as well.

Mr Macurcrin said that the man's advances did not appear welcome.

He went back to the communal showers an hour later to find the Swedish woman naked except for a towel. She had been raped.

Taking advantage

Defence counsel Ian Hamilton QC claimed that the woman could not have suffered any trauma because she did not remember the incident.

But Lady Smith said that even though the woman could not remember the incident, in her view, she knew through the evidence led in court what had happened to her.

Sentencing Cinci to five years Lady Smith said: "You raped a young woman who was in a vulnerable state.

"You helped yourself, taking advantage of the condition that she was in for your own sexual purposes."

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07 Aug 02 | Scotland
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