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Mr CL

Published:

Mr CL was convicted in February 1998 of indecency with a child, indecent assault, and rape. Mr CL received a sentence of seven years’ imprisonment.

The CCRC received an application for review of the conviction in August 2002.

During review, the CCRC obtained new expert medical evidence indicating that the medical evidence which had been relied on at trial and appeal may have been misinterpreted.

Some of the medical evidence presented at trial did not reflect mainstream paediatric opinion but the prosecution’s expert did not inform the court that there was a significant body of opinion that would disagree with their views.

As a result, the expert was not adequately cross-examined by counsel and the jury were not properly directed by the trial judge.

The CCRC also considered clinical studies conducted post-trial and post-appeal.

These provided strong support for the proposition that it was unsafe to regard certain medical findings referred to at trial as “suggestive” or “supportive” of abuse (as the prosecution’s expert had done).

The CCRC referred the conviction in October 2008.

The Court of Appeal quashed the conviction in May 2009.