DAVID WESLEY FROM CUBBINGTON AND LEAMINGTON ESCAPES JAIL DESPITE SEXUAL ABUSE ALLEGATIONS

In August 2018, a troubling case involving a former educator and youth leader from Leamington and Cubbington came to a close in the courtroom, where justice took an unusual turn due to the defendant's health condition. David Wesley, aged 66 and residing on Offchurch Road in Cubbington, was accused of sexually assaulting four young girls over a span of years. Despite the gravity of the allegations, Wesley was allowed to walk free from Birmingham Crown Court, a decision that has sparked considerable controversy and concern.

Wesley faced a total of 21 charges, including indecent assaults on girls under the age of 16 and under the age of 14. The allegations dated back to incidents that allegedly occurred between 1977 and 1992, when Wesley was employed as a teacher at North Leamington School and also served as a youth club leader at Cubbington Methodist Church. The case first appeared before Warwick Crown Court in December 2016, where the prosecution outlined the historical nature of the offences and the ages of the victims involved.

During the initial hearings, Wesley denied all charges, maintaining his innocence. His legal representative, Scott Coughtrie, described the case as “a very complex historical case,” noting that up to 30 witnesses might be called to testify. As the proceedings continued, Wesley pleaded not guilty, and a trial was scheduled to commence at the end of October of the previous year. However, just two weeks before the trial was set to begin, it was postponed after Wesley was hospitalized.

Subsequent medical assessments revealed that Wesley was suffering from dementia, a degenerative condition that significantly impacted his mental capacity. Two psychiatrists examined him and concluded that he was mentally unfit to stand trial in the conventional manner. As a result, a special ‘trial of fact’ was conducted at Birmingham Crown Court, where a jury was asked to determine whether Wesley had committed the acts he was accused of, rather than to establish his guilt or innocence.

Following this process, the jury found that Wesley had indeed carried out the acts related to 16 of the 21 allegations. It is important to note that this finding did not equate to a legal conviction, but it did establish that the acts occurred. Given Wesley’s mental health condition, the court faced limited options. Typically, such cases might result in a hospital order under the Mental Health Act, supervision in the community, or an absolute discharge. However, a hospital order was deemed inappropriate because Wesley’s dementia was considered untreatable, and supervision was ruled out due to his mental incapacity.

Judge Patrick Thomas QC, presiding over the case, explained that an hospital order was not suitable because Wesley’s health condition could not be remedied. After considering the circumstances, the judge concluded that supervision was not feasible, leaving the only remaining option: an absolute discharge. This decision effectively means Wesley was released without any restrictions or ongoing supervision, a ruling that has raised questions about justice and the protection of potential future victims in the community.