Real estate agent remanded in custody over alleged rape

A 28-year-old real estate agent has been remanded in custody after being charged with rape and the kidnapping of a woman.

Ashraf Elshenawy pleaded not guilty to charges concerning rape, kidnap, threats, and fear that violence will be used against a woman during his arraignment on Thursday. 

He is also facing charges of recidivism for previous offences. 

Inspector Pierguido Saliba detailed how the investigation was triggered at around midnight on 12 May, when police received an urgent notification from Mater Dei Hospital. Medical staff informed authorities that a woman had just been admitted to the emergency room after suffering a sexual assault. 

Following preliminary inquiries and a sworn statement provided by the victim, investigators successfully applied for an arrest warrant against the suspect on 14 May. 

The execution of the arrest warrant was delayed after police checks at three separate addresses linked to the suspect yielded negative results. A data localisation traced the accused to a third property in Birkirkara, where the suspect was located and arrested. 

The prosecution strongly objected to a request for bail made by defence lawyer Nicholas Mifsud, raising serious concerns over the integrity of the judicial process.

The prosecution argued that despite the victim having already submitted a sworn statement during the inquiry, she still needed to testify in open court. It was argued that the prosecution would not have the peace of mind if the accused were to be released on bail. 

Furthermore, the prosecution highlighted that the accused's lack of a reliable, fixed residential address, as evidenced by the police chase across three separate residences, rendered him as untrustworthy. 

In counter-arguments, the defence maintained that the mere fact that the police had to search multiple properties did not automatically mean the accused was a flight risk. Defence noted that the accused is married, has two children, and is gainfully employed as a real estate agent. 

As an alternative to remand, the defence suggested that in light of a protection order, the court may issue mandatory electronic monitoring to track the accused's movements.

After hearing both sides, the court rejected the request for bail, citing the gravity of the offences. 

Duty magistrate Gabriella Vella presided. 

AG lawyer Cynthia Tomasuolo prosecuted, together with Inspectors Ryan Vella and Pierguido Saliba.

Lawyer Nicholas Mifsud represented the accused.