It was consensual sex not rape, lawyer insists

The two Libyan men who were jailed on Wednesday in connection with the rape of an 18-year-old Swedish tourist yesterday filed an appeal saying that parts of the bill of indictment were "pure imagination".

In filing the appeal, defence lawyer Joe Brincat said the girl had never alleged that his clients were involved in her rape.

The prosecution had said that Nader Abdulaziz Elgerian, 29, had raped the girl while Hasan Mohamed Ahmed, 28, held her down, sitting on her, as her friend was being attacked by other men nearby.

Dr Brincat insisted that the alleged rape victim never claimed that she had been raped by Mr Elgerian and neither does her friend make any such accusation. Moreover, the girls said there were at least another five men.

He said Mr Elgerian admitted to having had consensual sex with the girl. In fact, he argued that, according to the girls' testimony, the rape took place after they had been with his clients.

Dr Brincat pointed out that the girls had split the night's happenings into two phases.

The first part was when they were walking with Mr Elgerian and Mr Hasan and the second when they were attacked by several men on the beach.

He asked the court to revoke the sentence which he viewed as excessive.