Mr N

Mr N was convicted in October 1995 of rape and received a sentence of seven years’ imprisonment.

The CCRC received an application for review of the conviction in May 1998.

Mr N had been convicted of the rape of the 15-year-old friend of his sister.

Mr N’s evidence at trial was that the complainant had “taken the lead” and pretended to be older than she was.

The jury at trial were aware that Mr N’s sister had been in the house at the time of the alleged offence but was not called to give evidence.

The jury may have inferred from this that his sister’s version of events would not have helped Mr N’s case.

However, Mr N’s sister had in fact made a lengthy statement corroborating – with considerable supporting detail – Mr N’s version of events.

Defence counsel had described this statement in a pre-trial advice as “vital.”

However, the defence team changed their mind on this statement on learning that the prosecution were in possession of photographs of Mr N’s sister in provocative poses, which she feared could be produced to attack her credibility as a witness.

The CCRC considered that had the jury heard the evidence of Mr N’s sister, they might have formed a different view about the credibility of the complainant’s evidence and reached an alternative verdict.

In addition, the defence team’s omission to advise Mr N positively of the advantages of calling his sister was prejudicial to his defence.

The CCRC referred the conviction in May 2001.

The Court of Appeal quashed the conviction in June 2002.