Wrongly Convicted Database Record

 

Go to Database Search Page

Go to  Database Index Page

Colin Shearing

 

Charge:

Indecent Assault (Incl. aggravated)

Sentence:

3 yrs

Years Imprisoned:

Year Crime:

1980

Year Convicted:

2015

Year Cleared:

2015

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

Wales

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"Colin Shearing was wrongly convicted on April 10, 2015 of the indecent assault of a six-year-old girl in 1980. The allegation wasn't made by the complainant to the police until 33 years later in 2013. She told the police that she remembered the incident years later when she was a teenager, but she waited for another two decades to contact the police until she was prompted to do so because she learned Shearing was involved with a youth theatre group in Pembrokeshire, England. Shearing was 68 when charged in July 2013, and in a statement to the police he said the then 39 year old woman had either suffered a hallucination or “acted maliciously” by making the allegations more than 30 years after she alleged they occurred. Shearing was a published author, and to buttress the complainant's testimony during his trial that he examined her intimately and persuaded her to touch him indecently, the prosecution introduced a fictional short story he had written in the 1990s about 14-year-old twins who were involved in an incestuous sexual relationship. The trial judge overruled the objection of Shearing's lawyer objected to admission of the story, agreeing with the prosecution that it could be admitted to show Shearing's interest in juvenile sexual relations and his propensity to commit his charged crime. After his conviction Shearing was given seven days to get his affair in order before his sentencing. Shearing went to France, where he turned himself into the police. After his return to England he was sentenced to 3 years in prison, plus 21 days for going to France, and registration as a sex offender. Shearing appealed. On December 15, 2015 the Cardiff Crown Court quashed Shearing's conviction on the basis the trial judge erred by admitting the fictional story into evidence because it unfairly prejudiced the jury. The Court stated in its ruling: “We are satisfied that the prejudicial effect of the inclusion of the [story] was sufficient for us to conclude the appellant cannot be said to be convicted.” The court did not order a retrial."

Conviction Caused By:

Innocence Proved By:

"On December 15, 2015 the Cardiff Crown Court quashed Shearing's conviction on the basis the trial judge erred by admitting the fictional story into evidence because it unfairly prejudiced the jury."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

70

Age When Released:

70

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"The author of a 'graphic' short story has had his sex offence conviction quashed after ruling he did not receive a fair trial, By Liz Day, walesonline.co.uk, December 15, 2015"

Information Location 1:

http://www.walesonline.co.uk/news/wales-news/author-graphic-short-story-sex-10606240

Information Source 2:

"Author told he will go to prison after being found guilty of sexually assaulting young girl, By Staff writer, Western Telegraph (Pembrokeshire, Wales, UK), April 10, 2015"

Information Location 2:

http://www.westerntelegraph.co.uk/news/12883794.Author_told_he_will_go_to_prison_after_being_found_guilty_of_sexually_assaulting_young_girl/

Information Source 3:

Information Location 3:

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case:

Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

Hosted on forejustice.org and mirrored on justicedenied.org .