A MAN convicted of rape and assault has had his attempt to appeal against his conviction rejected.
David Nigel Pearce (41) was found guilty of two rapes and two common assaults following a ten-day trial in the Royal Court in February last year.
But his lawyer, Advocate Olaf Blakeley, asked a Court of Appeal hearing this week for leave to appeal against the two rape convictions, arguing that they were unsafe.
Pearce grabbed the victim by the throat and pinned her down before forcing himself on her sexually, ignoring her cries to stop, jurors heard.
However, a hearing this week was told that, during the trial, a female juror had got up and walked out of court, later returning. The juror said she had felt light-headed and distressed by what she was hearing, but Advocate Blakeley argued: “It was an alarm bell about that juror’s ability.
“There is a real risk that emotions played a part in the decision-making process.”
The advocate also pointed out that the victim had first made accusations against Pearce in 2014 – two years after the alleged rapes had taken place – and that she had told the States police at the time that she was unable to recall details.
Advocate Blakeley argued that the victim’s accounts were inconsistent.
However, Advocate Simon Thomas argued against leave to appeal.
Of the juror who had left court, he said: “It’s taking it too far to suggest that she had pre-judged the case or had decided that she was going to convict the applicant, come what may.
“The matter was dealt with appropriately.”
Advocate Thomas added that apparent inconsistencies in evidence often emerged in complex cases.
He said: “The jury had all the written evidence and the ability to consider any inconsistencies if they had concerns about them. From their verdict, it can be inferred that they did not.”
The court decided not to grant Pearce leave to appeal. Sir William Bailhache was presiding with James Wolffe and Paul Matthews.
