Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
10 years |
Years Imprisoned: |
5.5 |
Year Crime: |
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Year Convicted: |
2005 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
United Kingdom |
County or Region of Crime: |
South Wales |
City of Crime: |
Port Talbot |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"A father who has served more than five years in jail after being found guilty of raping his daughter has had his conviction quashed. The man, from south Wales, who cannot be named, was jailed at Swansea Crown Court in 2005. Criminal Appeal Court judges have now ruled that vital forensic evidence at the heart of his trial was unreliable. The man's solicitor said the case showed the danger of absolute reliance on DNA evidence. The court heard that conviction of the man was largely based on evidence presented by a forensic scientist called by the prosecution. At London's Criminal Appeal Court new scientific experts for both the Crown and the defence agreed that the original forensic evidence was in fact "of no value." Counsel appearing for the man told Lord Justice Hooper, Mr Justice Openshaw and Mrs Justice Sharp the evidence was incorrect and overstated. Quashing the conviction and ordering no retrial, Lord Justice Hooper ordered the man's immediate release. He said it should be reported to the Crown Prosecution Service and to those responsible for this type of forensic evidence. After his release, the man's solicitor said he was delighted the man could return to his family. He added that it was "unlikely" that this was the only case in which the jury has been misled by DNA. Conviction quashed on January 28, 2011, by the UK's Court of Appeal in London." |
Conviction Caused By: |
Erroneous testimony by DNA test |
Innocence Proved By: |
"London's Criminal Appeal Court quashed the man's conviction on January 28, 2011, based on new evidence that the DNA evidence used to convict him was unreliable." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
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Information Source 1: |
"South Wales man's daughter rape conviction quashed, BBC, January 28, 2011" |
Information Location 1: |
http://www.bbc.co.uk/news/uk-wales-12310494 |
Information Source 2: |
"Port Talbot man's daughter rape conviction quashed, Yorkshire News, January 28, 2011" |
Information Location 2: |
http://www.yorkshirewired.co.uk/news.php/126223-Port-Talbot-mans-daughter-rape-conviction-quashed |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org