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Taxi driver jailed after rape attempt

a jury found him guilty of assault with intent to commit "date rape.'' Henry Charles Fubler, 59, of Orchard Grove, Pembroke, had denied assaulting the shop owner who accused him, and said any sexual contact between the pair on December 23, 1991 was consensual.

But a Supreme Court jury of seven men and five women deliberated for two hours before returning a 11-1 guilty verdict.

The bespectacled Fubler, neatly dressed in a navy blue suit, shrugged and smiled to a fellow taxi driver in the public gallery as he was led away by Prison officers.

During the trial which began on Monday, the woman said Fubler attacked her in a Smith's lay-by off Harrington Sound Road after the two had dinner at the Henry VIII Pub and Restaurant in Southampton.

She said Fubler seemed like "a perfect gentleman'' until he stopped the car.

Then, he punched her in the face, pulled off her clothes, and touched her breast as she struggled to resist his advances.

The woman only escaped by pretending she had to urinate and had to hide half-clad in nearby bushes for several hours until a passing motorist picked her up, she testified.

Fubler later turned up at her shop with her clothes in a bag, she said. Inside was a note that read: "I have always loved you -- what happened between us?'' After hearing the jury's verdict, Puisne Judge the Hon. Mr. Justice Ward told Fubler: "It is now my duty to sentence you -- I take no pleasure in doing so.

"I have heard the case. I have to respect the verdict of the jury.'' "The legislature has categorised this as one of the most serious offences,'' Mr. Justice Ward added. "I have to be guided by what is enacted as the sentencing range for this type of offence.'' The maximum sentence for the crime is 15 years.

Fubler had a 1949 conviction for house breaking and theft, but no history of violence or sexual offences, the court was told.

Crown Counsel Mr. Stephen Harrison said the crime was a form of breach of trust and called for a sentence that would deter others. "Women in this community do submit their trust and safety to their companions,'' he told the court.

Mr. Timothy Marshall, Fubler's lawyer, said the crime was "totally out of character for this man,'' and asked for leniency.

"For many, many years he has been a responsible member of the community,'' Mr. Marshall said.