Mr BM
Mr BM was convicted in September 2001 of indecent assault on a female below the age of 13 years and received a sentence of 30 months’ imprisonment.
The CCRC received an application for review of the conviction in July 2002.
In 2000, the complainant alleged that she had been sexually abused by Mr BM between 1968 and 1976, leading to Mr BM’s prosecution on six counts of indecent assault and indecency with a child.
The complainant had alleged that in the 1970s when she was aged about eight, Mr BM had taken her to a barn where he kept calves and indecently assaulted her.
Mr BM claimed that he did not keep calves until about ten years later.
This issue assumed importance at trial and was described as a “touchstone” whereby the jury could assess the credibility of the complainant’s entire evidence.
At trial a prosecution witness, Mr Pope, recalled with difficulty that Mr BM did indeed keep calves in the 1970s. Mr BM was convicted on two counts.
During review, the CCRC obtained new evidence from Mr BM’s wife who confirmed that the cattle were first kept in 1983 and produced a diary tending to support this. Forensic work carried out on the diary did not question its authenticity.
Mr Pope was interviewed and when presented with this new information he retracted his trial evidence.
The CCRC concluded that this new evidence added significant weight to the defence case at trial and might have affected the jury’s decision.
The CCRC referred the conviction in March 2006.
The Court of Appeal quashed the conviction in January 2007.