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scotkaz · Joined: 28 Aug 2008 Posts: 527

A man's rape conviction has been quashed after the trial judge was found to have put jurors under pressure to return a quick verdict.

Michael Dyer, 44, was found guilty at the High court in Glasgow in 2006 of raping a 15-year-old girl in the city.

Lord Dawson, who has since died, told the jury that he did not imagine that summing up would take very long.

Judges at the Court of Criminal Appeal in Edinburgh ruled that Mr Dyer was the victim of a miscarriage of justice.

Jurors took just 28 minutes to find Mr Dyer guilty of raping the teenager, while she was under the influence of drink and drugs, at a house in the city's Knightswood area in August 2004.

He had admitted having sex with her, but lodged a special defence that she had consented.

Appeal judges heard that after evidence in the case Lord Dawson told the jury that they would be addressed by the Crown and defence and said: "I don't imagine it will take very long.

'Short case'

"We've only had six witnesses in this case, a very short case. I don't suppose speeches will last more than, certainly within the hour anyway.

"I'll charge you as to the law and you should get out and consider your verdict before luncheon."

Mr Dyer's defence counsel, Geoff Forbes, said he would not be able to keep to the judge's timetable and would speak for about 45 minutes.

But Lord Dawson told him: "I don't think so Mr Forbes, it's a very short case. Just try and limit your remarks if you would."

The opportunity for a jury to take as long as they wish to undertake a full discussion of the evidence before them lies at the heart of our system of trial by jury
Lord Hamilton
When Mr Forbes delivered his address to the jury it did last for about 45 minutes.

The defence counsel told the appeal court that he had felt pressure was being put on him by the judge over the time he should take in speaking to jurors.

He said had never come across that before and resisted it.

Lord Dawson also told jurors: "There is no need for you to try and persuade each other to any particular point of view, you have your own point of view and the voting system is what you ought to (operate) to see what your verdict is going to be."

The judge told them he could take their verdict any time but added: "You can take as long or as short a time as you feel appropriate."

The appeal court heard that after Mr Dyer's conviction Lord Dawson told him: "I regard your behaviour as predatory. I consider you to be a danger to the female sex."

He jailed him for five years and ordered he should be kept under supervision for a further three years.

'Under pressure'

Mr Dyer appealed against his conviction claiming that because of comments by Lord Dawson a member of the jury at his trial would have thought there was time pressure to reach a verdict quickly.

It was also said the judge had misdirected the jurors in legal directions he gave them.

The Lord Justice General, Lord Hamilton, who heard the appeal with Lord Osborne and Lord Mackay, said they agreed that jury members could have draw an inference from the trial judge's comments that the issues were straightforward and "could be quickly and easily resolved".

He said: "Had the jurors drawn such an inference, there would have been a risk that they might have felt under pressure to reach their verdict quickly."

They said one comment by Lord Dawson "was calculated to create the impression that all the jurors required to do was to vote on their verdict and there was no need for them to discuss the evidence".

Lord Hamilton said: "The opportunity for a jury to take as long as they wish to undertake a full discussion of the evidence before them lies at the heart of our system of trial by jury."

The Lord Justice General said that when a misdirection over evidence was linked to Lord Dawson's remarks the appeal judges were satisfied that they constituted a miscarriage of justice.

Mr Dyer remains in custody and the appeal court may substitute a conviction for unlawful sexual intercourse, although the Crown asked for time to consider whether it should seek a re-trial on the rape charge.

http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/7831027.stm

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/4783415.stm

Predatory rapist gets five years

Dyer's victim did not report the rape for seven months
A man who raped a drunken 15-year-old girl he picked up in Glasgow city centre has been jailed for five years.
Judge Lord Dawson told 42-year-old Michael Dyer: "I regard your behaviour as predatory. I consider you to be a danger to the female sex."

Dyer had denied raping the teenager but was found guilty after trial.

At the High Court in Glasgow, Lord Dawson ordered Dyer to be supervised for three years on release and placed him on the sex offenders register.

He said: "It is absolutely disgraceful that you, a man of 42, took advantage of a 15-year-old girl.

"You took advantage of the fact she was under the influence of drink."

Given drugs

The court heard Dyer and his nephew met the girl and her 16-year-old friend at a bus stop near Central Station and talked them into going to a party with them.

When they got to the house in Knightswood no-one else was there.

The court heard that Dyer did not stay in the council house but lived with his wife at another address.

The court heard the girl, who had drunk 10 to 14 vodkas, was given the drugs ecstasy and cannabis by Dyer.

When she lay down on a bed feeling unwell, he raped her.

The girl did not report the rape for seven months because she was scared her mother would find out she had been out drinking.

I hope crown ask for a re-trial in this case

To think that someone like this gets off because of a daft comment by a Judge is ludicrous.

The same judge sat at my hearing in 2006 and came across as very arrogant and angry.

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

Lord Dawson named as second worst Judge after Lord Hardie.

, Lord Dawson, the former solicitor-general, who had 30 sentences and three convictions successfully appealed. Lord McEwan had the third poorest record with 27 sentences and three convictions overturned.

It is only the second time information about the performance of Scottish judges has been published.

In 2004, following eight months of negotiations with the executive, The Sunday Times was able, for the first time, to compare the performances of Scottish judges.

Information obtained from the Scottish Court Service under the Freedom of Information Act shows that between 2003 and 2007, High Court cases tried by 60 judges, two sheriffs and nine temporary judges led to about 520 successful appeals, including 40 overturned convictions.

http://www.timesonline.co.uk/tol/news/uk/scotland/article4276707.ece

His death brings the total to "Two Judges" that sat on my appeal in 2006 now dead, The only one left being Lord Osborne.

Lord Dawson actually died in 2007

Lydia · Joined: 06 Nov 2008 Posts: 82

I certainly hope there is a re-trial in this case. It is bad enough that a young girl of fifteen has the opportunity and the will to drink all that vodka but then to come under the influence of a predator such as this man is horrific.

In my view, the fact that he had sex with this young girl under the influence of alcohol will hopefully be deemed rape under the new law going through Scottish Parliament now, in my view the fact that he then took her to the house pretending that she would go to a party should be another charge separately punished.

The fact that he then gave her drugs should also be a separate charge with a separate punishment.

It seems their may be a reason for this girl eventually telling her mother, is she pregnant or has she contracted a disease, we will probably never know.

If this Judge through his careless actions is responsible for the release of this depraved person he should stand down or be sacked.

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We are the parents in Scotland denied justice for our children who had illegal post mortem's or had organs removed illegally at post mortem.