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Mr BR

Published:

Mr BR was convicted in January 2001 of rape and indecent assault. Mr BR received a sentence of ten years’ imprisonment.

The CCRC received an application for review of the conviction in February 2003.

During review, the CCRC obtained fresh evidence of allegations made by the complainant in February 2002 in which she told police that she had been indecently assaulted by men other than Mr BR.

The complainant alleged that these assaults had occurred concurrently with the indecent assaults committed against her by Mr BR. This was the first time the complainant had mentioned these allegations.

The police investigated these allegations but the complainant indicated that she did not wish to proceed with her complaints. Consequently, no prosecutions followed the allegations and the police file was closed.

Following review, the CCRC concluded that these subsequent allegations were significant to Mr BR’s conviction because, if known about at the time of trial, they would have provided a possible alternative explanation for the medical findings of assault and would have supported the defence’s contentions.

The allegations would also, if false, have cast doubt on the complainant’s reliability.

In addition, in April 2001 the complainant made an application to the Criminal Injuries Compensation Authority in which she made allegations against Mr BR which were inconsistent with her evidence at Mr BR’s trial.

The CCRC referred the conviction in September 2006.

The Court of Appeal quashed the conviction in June 2007.