A DOCTOR convicted of secretly filming men using urinals and in changing rooms has appealed against his conviction, arguing that insufficient weight was given to expert evidence about his mental health.
Diego Balassini (28), who was training at Jersey General Hospital when the offences came to light, was convicted in January of nine counts of voyeurism after filming men in town bars, at the Airport and in a gym changing room.
During a hearing before the Court of Appeal yesterday, defence advocate Stephen Baker argued that the Jurats had effectively dismissed expert psychiatric and psychological evidence that Balassini was suffering from mental illnesses, including obsessive compulsive disorder.
Mr Baker said the prosecution had presented its case in a “bullish” manner while calling no expert witnesses to challenge the defence specialists.
He also argued that the trial Commissioner, Sir William Bailhache, should have reminded the Jurats of the expert evidence when summing up the case.
Mr Baker further raised concerns about the wording of the indictment.
Responding for the Crown, Advocate Lauren Taylor rejected suggestions that the prosecution had been “bullish”, telling the court that Balassini’s conviction was supported by “overwhelming evidence”.
She accepted there had been an error in the indictment but argued that it had caused no prejudice to the defendant.
The Court of Appeal, presided over by Jonathan Crow CVO KC, reserved its judgment.
