Mr CD

Mr CD was convicted in March 2000 of indecent assault and received a sentence of three years’ imprisonment.

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

The complainant was Mr CD’s daughter and the complaints were made in the context of acrimonious divorce and custody proceedings (a fact known to the jury at trial).

The prosecution’s case at trial was supported by expert medical evidence.

During review, the CCRC obtained fresh expert medical evidence indicating that the medical evidence relied on at trial was flawed.

The CCRC also obtained new material which impacted upon the credibility of evidence presented at trial.

In addition, the CCRC considered that the trial judge’s directions and summing up in regards to the complainant’s evidence was inaccurate and misleading.

Potentially inconsistent accounts of the offences provided by the complainant suggested that indecent assault may not have taken place at all but the judge’s direction to the jury did not address that possibility.

The CCRC referred the conviction in June 2007.

The Court of Appeal quashed the conviction in October 2007.