A man who was jailed for rape after going to the aid of a drunken teenager in Edinburgh has been declared a victim of a miscarriage of justice.

Desmond Uttley was sentenced to six years in jail after he was found guilty of raping the 15-year-old girl in 2002.

However, after hearing new evidence, judges at the Court of Criminal Appeal overturned his conviction.

The 35-year-old had denied raping the schoolgirl at his Lochend Gardens home on 14 June in 2002.

He had stood trial at the High Court in Glasgow later that year.

“ We are satisfied that the verdict, returned in ignorance of this evidence, must be regarded as a miscarriage of justice ”
Lady Dorrian Court of Criminal Appeal
The girl had been out with a 14-year-old male friend and both been "extremely intoxicated" after drinking cider.

She was unable to stand without help and was lying on the road in the pouring rain when Mr Uttley arrived on the scene and helped her friend to pick her up.

He invited them both back to his house and carried the girl to his home where he laid her on a bed and she fell asleep.

During Mr Uttley's trial she identified him as her attacker, although she had given the police two descriptions of her assailant, neither of which matched him.

After jurors retired to consider their verdict, they returned to the court with questions over whether tests were carried out on swabs taken from the teenager, and if Mr Uttley's DNA was present on them.

The trial judge, Lord Menzies, told them there was no DNA evidence in respect of those swabs.

The appeal court heard that no blood or semen was found on the swabs from the teenager and they were not submitted for DNA testing.

Three men

Mr Uttley's defence lawyers on Thursday led evidence at his appeal from a Strathclyde University forensic science lecturer, Dr Adrian Linacre, who was asked to examine swabs taken from the teenager in 2004.

He carried out a particular type of DNA analysis on the Y chromosome, which was different from the standard genetic fingerprinting test.

He found no DNA matching Mr Uttley, but did find there was some from three other male sources.

Lady Dorrian said: "We are satisfied that the verdict, returned in ignorance of this evidence, must be regarded as a miscarriage of justice."

The Crown asked for time to consider the judgement over whether to make a motion for a new prosecution.

Story from BBC NEWS:
news.bbc.co.uk/go/pr/fr/-/1/hi/scotland/...and_east/8406437.stm

Published: 2009/12/10 16:50:09 GMT

© BBC MMIX

As everyone now expects. Helping people lands you in jail.

This is why everyone walks by when they see someone in distress.

How our society has come to this I do not know ? It is this Government and their crazy PC ideas which I blame. But it is truly shocking that if you help someone you could well end up in jail.

Many adults say they avoid eye contact with any teenagers or children when walking in the street or on transport - they are afraid that it will be misconstrued. As for saying hello to anyone - that is a non starter - you are likely to be arrested as a dangerous person.

I have an enhanced CRB check and did consider actually carrying it around with me at one point - but in reality it is nothing more than a bit of paper. I certainly will not be getting a new check in the future because I have decided that this is an infringement of my rights. All they need to do is check my name against convictions to know that I have none - why should I have to pay nearly £100 to prove something that they can look up for free.

The UK is finished if we allow NEW LABOUR to continue in power - it really is.

Though I would love to vote for a party that is not Labour or Tory - there is no realistic alternative who could win. Therefore, it is a no brainer. We have to vote Tory ( or the nearest Party to Labour) in order to get EVERY SINGLE LABOUR MP unseated.

I would like to see LABOUR WIPED OFF THE ELECTORAL MAP forever. It would give a chance for some new parties to come through and change this country for better.

The massive expenses which are mainly NEW LABOUR ( all the Top 5 claimers in the Lords are as well ) show how they have milked the system and taxpayer for all we are worth.

Their crazy justice system is a disaster and is trusted by no-one.

Anyone who votes New Labour must be in denial about the last 12 years.

moe common than you think :

"'Gang rape' victim lied to get pity"

A man behind bars for nearly four years for a gang rape that did not happen has been cleared after his accuser admitted she lied to make her friends feel sorry for her.

William McCaffrey hugged his lawyer after the same New York judge who had sentenced him to 20 years in prison threw out the case and apologised on Thursday.
www.smh.com.au/world/gang-rape-victim-li...y-20091211-knkd.html
************************
"Freed man angry at DNA mix-up"
A young Victorian man is free tonight after serving 16 months for a crime he always maintained he did not commit.

He was released after severe doubts were cast about the reliability of the DNA evidence that convicted him.

The man may now seek compensation for his prison ordeal, but the case also raises much wider questions about the handling of DNA evidence in Victoria.

In July last year, 22-year-old Farah Jama was sentenced to six years in jail for the rape of a 48-year-old woman in a Melbourne nightclub.

www.abc.net.au/news/stories/2009/12/07/2...8.htm?site=melbourne

# to their credit-prosecutors went to court to have this man freed.