|
A cornish fisherman behind bars for raping a man in a field near Newlyn
was refused permission last Friday to challenge his conviction.
Jonathan Edward Pierce, 26, who had been based in South Cornwall, was
jailed for seven years at Truro Crown court in December 2000. He had been
found guilty of rape, but acquitted of a linked offence of kidnapping.
London's Criminal Appeal Court on Friday refused to extend - by one year
eight months - the time limit for him to mount a challenge to his conviction.
Judge John Brodrick, sitting with Lord Justice Kay and Mr Justice Field
said Pierce had no arguable grounds of appeal to show his conviction was
"unsafe."
Pierce and his victim struck up a conversation in a Newlyn pub one night
in May 2000. The victim said when he left, Pierce forced him into his
car, saying "are you up for it?" The victim said he did not
know what Pierce meant.
Pierce stopped the car to buy some drinks and the victim said he was
threatened by him not to get out of the car.
Judge Brodrick said the fact the victim clearly had an opportunity to
escape at that stage, may be the explanation why Pierce was acquitted
of kidnapping.
Pierce then drove to a field about two miles from Newlyn, where he forced
his victim out, raped him, kicked him and forced him back into the car.
However, Pierce lost control of the car and it went on its side. The
two men then walked back towards a village, during which time the victim
said Pierce sporadically hit and threatened him.
As they passed a pub, the victim banged on the windows and rushed in.
Witnesses said he appeared very distressed saying: "He is going to
kill me, he has beaten me and raped me" and appeared about to vomit.
"Two witnesses said they had never seen anyone in such a state,"
the judge said.
Police were called and, when they later found Pierce, he was too drunk
to be interviewed.
When he was interviewed he said the other man had made a pass at him
but he told him he was heterosexual.
He claimed the man tried to kiss him but Pierce said he pushed him away
feeling "sick and angry." But he said the man tried to sit on
him in the car.
Judge Brodrick rejected a claim the verdicts were inconsistent, saying
the jury may have acquitted Pierce of kidnapping because the victim had
had an opportunity to escape.
He also dismissed other grounds, including a claim Pierce was incompetently
legally represented at the trial.
article copyright © THE CORNISHMAN
 |
