Boy's rape conviction is quashed

The Appeal judges said the conviction was unsafe

A schoolboy who was found guilty of raping a five-year-old girl at a Leeds cemetery has had his conviction overturned.

Judges at the Criminal Appeal Court decided the rape conviction was unsafe after questioning the reliability of witness evidence.

The boy, aged 12 at the time of the alleged rape, was convicted at Leeds Crown Court in May 1998 and later sentenced to three years detention.

The boy's case had been referred to the Court of Appeal by the Criminal Cases Review Commission.

Guilty plea

The rape allegedly happened in September 1997 when the girl and two boys went to Harehills Cemetery to play.

The girl later told relatives the boys had sex with her.

A co-accused, a boy aged 13 when sentenced, pleaded guilty to indecently assaulting the girl and was sentenced to 12 months detention.

In challenging the rape conviction, the boy's QC, Anthony Jennings, referred to new material relating to the girl and the co-accused.

Judge's 'unease'

A psychiatric assessment of the co-accused noted he "says he always lies" and "he can also tell stories that are not based on truth".

Lord Justice Rose, sitting with Mr Justice Gibbs and Mr Justice Davis, said the documents generated "a degree of unease".

He said the Appeal Court had to consider whether the jury had a sufficiently full picture of the co-accused's potential unreliability.

"The post-trial material is very damaging to his credibility," he said.

Lord Justice Rose said if the trial judge had the material relating to the girl and the co-accused, he would probably have given the jury a stronger warning about the reliability of their evidence.