Mr BT

Mr BT was convicted in July 1997 of indecent assault and received a sentence of three months’ imprisonment.

The CCRC received an application for review of the conviction in April 2005.

During review, the CCRC identified inconsistencies between the complainant’s accounts given at trial, to the social services, to the Criminal Injuries Compensation Authority, and to the CCRC.

In addition, the complainant had made previous allegations of sexual impropriety against other individuals before making the allegation against Mr BT. This had not been disclosed at trial.

Had these complaints been known at trial, the complainant could have been cross-examined in relation to these previous allegations and the jury would then have been able to take them into account when assessing the complainant’s credibility.

Despite having been made aware of these other allegations prior to the trial, Mr BT’s solicitors failed adequately to explore them, failed to call witnesses who could have given evidence in relation to them, and failed to inform counsel about them.

The account the complainant provided to the CCRC regarding these previous complaints was inconsistent with the accounts he had previously given.

The CCRC referred the conviction in January 2007.

The Court of Appeal upheld the conviction in November 2007.