Breaking News From Jordans

F was convicted of sexual offences in October 2004 at Birmingham Crown Court and has always protested his innocence .

His first appeal was refused in 2006 and following further investigations fresh evidence came to light which the CCRC was asked to consider . It reached a provisional decision not to refer but after our further representations and undertaking its own additional investigations reached a conclusion that the case should be referred back .

The Appeal was heard before Moses LJ , the Court strongly concluded that the failure of the defence team at trial to call evidence of the appellants genital deformity was inexplicable . That if it had been adduced it would have had a significant impact upon the jury's deliberations and accordingly the convicitons were unsafe .

Mark Newby commented today as follows :

"We are delighted this appeal finally succeeded today . It has been a long road to persaude the Court and CCRC that this conviciton was unsafe but that has been achieved in a strong judgment from the Court of Appeal today .

This case also demonstrates how important it is that evidence no matter how sensitive and difficult should be put squarely before a jury and that the failure to adduce such evidence can seriously undermine the safety of a conviciton . In that regard it will be no answer to an appeal to simply say that the decision was a tactical one "

Mr F was represented by Mark Newby and Counsel was Nina Grahame of Garden Court North Chambers Manchester .

[Jordans do not publish the names of clients without consent or unless their names are publicly identified in a Court judgment . ]