7 April 1999
A man who spent almost 15 years in
prison for the violent rape of a student nurse has been freed after his
conviction was dismissed by the Court of Appeal.
Roy Burnett, 56, was cleared after it was ruled that
the crime "almost certainly never happened at all".
Earlier, the Crown Prosecution Service told the Court
of Appeal that it could no longer support the conviction.
Mr Burnett was given a life sentence at the Old Bailey
in 1986 for what was described as the brutal rape of a student nurse in
1985.
Freedom campaign
He launched a campaign to challenge the conviction
after the same woman made a false complaint of rape to Devon police.
Jeremy Donne, for the prosecution, told three senior
appeal judges: "In the judgment of the Crown, it is impossible to exclude
the possibility on the evidence that this court has received that the complainant
(alleged rape victim) may at least have exaggerated, and at worst made
a false complaint.
"That being so, I am quite unable to argue that this
conviction is safe."
Mr Burnett, now 56, a gardener from Bromley, Kent,
was found guilty in July 1986 of raping the 20-year-old student nurse.
She claimed he had followed her home from a bus,
dragged her into woodland and threatened her with a knife before carrying
out the rape and another serious sexual assault.
He has always maintained his innocence, but had no
grounds for appeal until the woman's false complaint in 1998. The Metropolitan
Police were subsequently informed and the case was re-opened. But for the
action of the police, he "might have continued to be incarcerated for many
years yet", appeal judge Lord Justice Judge said.
Inconsistent accounts
The judge said a re-examination of evidence given
at the Old Bailey in 1986 had revealed many inconsistencies in the woman's
accounts. Scratch marks on her body, shown in photographs taken of her
at the time, were, according to fresh expert evidence, "typical of self-inflicted
injury". The woman could now face criminal charges.
The judge added that the absence of other injuries
was "surprising to the point of incredulity". The judge added concerns
about Mr Burnett's immediate future, explaining that suitable accommodation
should be found "so that he may be gradually rehabilitated into the community".
After the verdict, Mr Burnett's solicitor Deborah
Harman said: "He is very happy that at last the truth has been made public
that he did not commit these terrible crimes. He wants to thank the police
for investigating his case and the very supportive probation service.
"He was impressed by what the judge said about not
assuming guilt and that people should be wary about false allegations." |