Court of Appeal dismisses appeal of convictions for rape and 115 counts of indecent assault/sexual assault, on the grounds that: 1) the nature of the cross examination, which put to the complainant that the allegations that she was making were untrue and fabricated, meant that the accounts she had given two people about the abuse could be adduced; 2) the trial judge correctly adduced the evidence of six witnesses, the so called “civilian witnesses”; and 3) the trial judge’s charge to the jury on the issue of delay was adequate.
Criminal law – appeal of convictions for rape and 115 counts of indecent assault/sexual assault – whether the judge erred in permitting evidence to be adduced that the complainant had told two people about the abuse – McGrath on Evidence (2nd Ed.) – whether the nature of the cross examination which put to the complainant that the allegations that she was making were untrue and fabricated meant that the accounts could be adduced because of the rule that permits prior consistent statements to be introduced in evidence in order to rebut an allegation of recent fabrication – whether the judge erred in ruling that the evidence of six witnesses, the so called “civilian witnesses”, was admissible – calling of rebuttal evidence by the prosecution after the appellant had given evidence – trial judge’s charge to the jury on the issue of delay – whether the verdict of the jury was perverse – appeal dismissed.