A failed asylum seeker drugged and sexually assaulted a vulnerable 14-year-old girl after the Home Office ‘didn’t get round to’ deporting him.
Sam Sharma, 34, carried out the horrific abuse on her more than a year after he completed a 14-month prison sentence for spitting, urinating, and hurling racist abuse at police officers, as well as threatening to rape the officers’ family members.
But instead of being deported after his release from prison, the Indian illegal immigrant was allowed to roam free despite the authorities having the powers to deport him ‘if they wanted to’.
Perth Sheriff Court was told that Sharma avoided being sent home because the Home Office ‘probably just didn’t get round to it’.
Sheriff Alison McKay has now jailed Sharma for three years after a jury found him guilty of drugging and sexually assaulting a child in Dundee on 26 May last year.
Failed asylum seeker Sam Sharma, 34, drugged and sexually assaulted a vulnerable 14-year-old girl after the Home Office ‘didn’t get round to’ deporting him
The Indian illegal immigrant was allowed to roam free despite the authorities having the powers to deport him ‘if they wanted to’
She said: ‘If he doesn’t have a UK passport and it is correct that he has claimed asylum and been refused then Mr Sharma will be known. They can already deport Mr Sharma if they want to.
‘I take the view that you are already within the sights of the Home Office and they will decide whether or not you will be deported.’
Counsel Neil Beardmore, defending, told the court: ‘There was a history of him making applications and those being refused. He originates from India.
‘He does not have a UK passport. He has claimed asylum and is a failed asylum seeker. You would expect them to deport him at the conclusion of his sentence.
‘You have to ask why – after his last imprisonment – the Home Office didn’t deal with it? They probably just didn’t get round to it.’
Former shop assistant Sharma sexually abused the underage girl in Dundee after supplying her with cannabis. He was also found guilty of supplying cannabis.
Jurors convicted Sharma of sexually abusing the girl, then aged 14, in May 2023 at an address in the West End area of Dundee.
He was also found guilty of being concerned in the supply of cannabis to the girl and another woman on the same date.
Sharma, who had been working at a convenience store in Monifieth, was subject to three bail orders at the time of the offence.
A not proven verdict was returned on a charge of sexually assaulting another woman while she was asleep.
Perth Sheriff Court (pictured) was told that Sharma avoided being sent home because the Home Office ‘probably just didn’t get round to it’
Sheriff McKay said: ‘In relation to the sexual conduct towards the girl, I take the view she was a particularly vulnerable young person.’
As well as sending Sharma to prison for 36 months, she added his details to the Sex Offenders Register for life.
Mr Beardmore said: ‘In custody he has experienced racial abuse. A complaint has been lodged with the governor of the prison.’
On 7 January 2022, Sharma was jailed for 14 months and Dundee Sheriff Court was told that he was already being lined up for deportation at that stage.
Sharma spat and urinated at police and hurled racist abuse as he threatened to rape and kill the officers’ family members.
Sharma hurled abuse at one officer by calling him a ‘freshie’ and implied he was ‘fresh off the boat.’ He was left with his arm deformed as a result of multiple breaks during the fracas with police.
Sharma admitted attacking PC Shogun Hangetsu by spitting at him as well as shouting, swearing and urinating at police on 3 September 2021.
He also admitted making racist comments to the officer and making sexual remarks and issuing threats to police and their families.
Fiscal depute Lora Apostolova told Dundee Sheriff Court: ‘He is believed to be an Indian foreign national and deportation is a live issue.
‘Police had reason to visit. He appeared under the influence and was behaving in an erratic manner. He stated he was of Indian descent and referred to PC Hangetsu as a Paki bastard.
‘He called him a freshie, meaning fresh off the boat, and a common insult to ethnic minorities. He was warned about his behaviour but continued to be aggressive.’
Sharma ranted: ‘I’m going to get a gun and shoot your mum’s p****. I will f*** your sister and shoot your mum. I will find you in the street and stab you.
‘I will f*** you and I will stick my big d*** in you. Don’t f*** me off. Do you want to suck my d***, freshie? I’m going to kill your family. I’m a big guy.’
Sharma ran to the back of the police van and spat at the officer before urinating through a gap in the door of the police vehicle. Officers were forced to step back to avoid being ‘splashed’.
Solicitor Gary McIlravey, defending, said: ‘He has little recollection of events. He accepts taking alcohol but not a particularly large amount.
‘He is at a loss to explain his behaviour. He is thoroughly embarrassed and appalled by his behaviour and wishes to extend his apologies to all concerned.
‘This was best described as unsavoury and wholly unpleasant. At some point during the course of the incident his lower left arm was broken in several places.
‘His inappropriate behaviour was dealt with in summary fashion. His arm will remain in a less than straight position for the rest of his life.’
Sheriff Alistair Carmichael said: ‘You spat at police officers which is unacceptable. You made threats towards them and their families, including shooting and stabbing them.’
