Emal Kochai, an Afghan migrant convicted of child rape, received substantial taxpayer-funded legal aid before his deportation from the UK.
In 2014, Emal Kochai, then aged 20, committed a serious sexual offence against a 12-year-old girl at a house in Reading, Berkshire. According to court details reported by the Daily Mail, the victim informed police that Kochai, known to her as 'AK', pushed her onto a bed, removed her clothing, and raped her. During the assault, other men knocked on the door, prompting Kochai to briefly open and then lock it before resuming the attack. Kochai denied the rape charge but admitted to police that he believed the girl was 17 years old and claimed he would not have proceeded had he known her true age. The incident highlights a grave case of child sexual exploitation, with the victim enduring a traumatic ordeal in the presence of additional individuals.
Kochai was subsequently tried and convicted of rape. He received a nine-year custodial sentence, serving approximately half of it—around four and a half years—before being deported to Afghanistan in 2019. Prior to his deportation, Freedom of Information data obtained by the Daily Mail revealed that Kochai was granted £19,395.02 in legal aid for his defence at trial, plus an additional £1,752.31 to fund a solicitor's work on an application to the Criminal Cases Review Commission (CCRC), which examines potential miscarriages of justice. Kochai had previously described his conviction as 'all a misunderstanding', though the CCRC confirmed no formal application was ultimately received from him.
Despite his deportation, Kochai attempted to return to the UK illegally. In March 2022, he was discovered by a reporter in a tent at the Grande Synthe migrant camp near Dunkirk, France, where he admitted trying to board a small boat across the Channel. He claimed to have 'changed his ways', but his crossing was thwarted when French police punctured the vessel. This attempt to re-enter the country followed his prior removal as a convicted sex offender, raising concerns about border security and the recidivism risks posed by such individuals. David Spencer, from the Centre for Crime Prevention, criticised the use of public funds, stating: 'This case is yet another example of taxpayer money being put straight into the pockets of lawyers tasked with trying to defend the indefensible and mounting frivolous cases to try and keep immigrants in the UK.' The Ministry of Justice responded that legal aid is provided to legal representatives to ensure fair trials, not directly to defendants.
The case, reported exclusively by the Daily Mail on 9 July 2023, underscores ongoing debates about legal aid allocation, immigration enforcement, and the protection of vulnerable children from sexual predators. Thames Valley Police handled the original investigation in Reading, where the offence occurred.