Hong Kong’s Court of Appeal has upheld a Swedish businessman’s conviction for rape and buggery of his former domestic worker and sent him back to jail.
Appeal Dismissed
A three-judge panel ruled on Tuesday that the jury had been properly directed during the trial of Patrik Tobias Ekstrom on charges of rape and buggery, and dismissed his appeal.
Ekstrom, who was granted bail pending appeal, appeared in court on Tuesday and was remanded in custody after losing the appeal.
He was found guilty of one count of rape and one count of non-consensual buggery in August 2024, following a unanimous jury verdict, and sentenced to seven years in jail in November 2024.
Details of the Case
The complainant, identified only as X, testified in August 2024 that Ekstrom forced her into his bedroom and raped her after returning to his Shek O home late on October 27, 2022, appearing drunk.
X also alleged that Ekstrom told her he had previously raped another domestic worker, Mohini, a friend of X’s, which caused her fear.
The appellate court had granted Ekstrom leave to appeal earlier this month. His appeal centered on claims that the trial judge, Derek Chan, failed to instruct the jury regarding the allegation involving Mohini, characterizing it as “uncharged act” and hearsay evidence.
Ekstrom’s barrister, Elizabeth Herbert, argued on March 4 that the jury may have been misled into believing the allegation against Mohini was a proven fact.
However, the appeal judges determined that during the trial, neither Chan nor the prosecution suggested the jury use the Mohini allegation as evidence of bad character. They also noted that X admitted she had no firsthand knowledge of whether the previous acts occurred.
The court found the evidence regarding Mohini was presented as part of X’s account of how Ekstrom threatened and intimidated her.
The appeal also challenged the admission of four WhatsApp voice messages X sent to Ekstrom’s wife shortly after the assault. Herbert argued the messages did not explicitly state she had been raped.
The appeal judges – Andrew Macrae, Kevin Zervos, and Judianna Barnes – acknowledged X did not use the word “rape” in the messages, but found them “sufficiently consistent” with her later testimony, considering her distressed state and limited English proficiency.
The court accepted X’s explanation that she was vague in the messages out of fear that Ekstrom’s wife would inform him, jeopardizing her safety.
the judges ruled that neither ground presented demonstrated an error that would render the convictions unsafe, and dismissed the appeal.
Frequently Asked Questions
What charges was Patrik Tobias Ekstrom convicted of?
Patrik Tobias Ekstrom was convicted of one count of rape and one count of non-consensual buggery.
When was Ekstrom originally sentenced?
Ekstrom was sentenced to seven years in jail in November 2024.
What was the basis of Ekstrom’s appeal?
Ekstrom’s appeal was based on two grounds: that the trial judge failed to properly direct the jury regarding an allegation involving a previous domestic worker, and the admission of WhatsApp messages.
What are your thoughts on the outcome of this case?
