JUSTIN FINNERTY AND SHOCKING RAPE CASE IN OXFORDSHIRE
A man named Justin Finnerty, who used to work at Lidl, has faced his conviction being overturned after an unsuccessful appeal related to a serious criminal case in Oxfordshire.Finnerty, who was 22 years old at the time of his conviction, had been sentenced to serve an eight-year prison term along with an extended four-year license period.
His conviction stemmed from a trial that took place at Oxford Crown Court approximately three and a half years ago, which found him guilty of charges including rape and sexual assault by penetration.
The incident in question occurred in July 2017 at Finnerty's residence in Bicester, Oxfordshire.
According to court records, Finnerty forcibly engaged in sexual activity with a woman while she was lying on his sofa after she had accepted his invitation to visit his home.
At the time of the assault, his girlfriend was present upstairs in the couple's bedroom, unaware of the attack taking place downstairs.
During the trial, Finnerty consistently denied the allegations, insisting that he and the woman had consensual, unprotected sex several days prior to the incident, and insisting that the accusations were unfounded.
However, Finnerty was convicted based on the evidence presented during the proceedings, which included a police interview with the victim.
His legal team argued that new evidence merited reconsideration and that there had been procedural issues during the trial that rendered the verdict unsafe.
On Tuesday, the Court of Appeal heard arguments from Finnerty’s lawyers, who sought to quash the convictions.
The new evidence involved a forensic report from an expert hired by Finnerty's legal representatives.
This report raised questions regarding the absence of semen on the pyjama bottoms worn by the victim on the night of the alleged assault, despite the prosecution’s assertion that DNA evidence would support Finnerty’s guilt.
Crucially, it was revealed that samples taken from the victim at the time had been destroyed by authorities, limiting the ability to conclusively rely on re-testing evidence.
At the hearing, Michelle Heeley QC appeared on behalf of Finnerty, who is formerly from Roman Way in Bicester.
She argued that the trial judge, Judge Ian Pringle QC, failed to appropriately address certain accounts during the trial.
Specifically, she contended that the judge did not remind the jury to consider Finnerty’s explanation after the jury requested clarification.
Additionally, the lawyer claimed that the timing of text messages sent by Finnerty to his girlfriend, which were read aloud during the trial, might have misled the jury.
The messages suggested that Finnerty had spent more time alone with the victim than he actually had, potentially influencing the jury’s perception.
The Court of Appeal, presided over by Lord Justice Green and a panel of three judges, ultimately rejected the application for permission to appeal.
The judges noted that the new forensic evidence, which questioned why Finnerty’s semen was not found on the victim’s pyjamas, was based on assumptions that might not be accurate.
They emphasized that this evidence was not available at the time of the original trial and could have been tested then, but for reasons unknown, the opportunity was missed by Finnerty’s lawyers.
Furthermore, the appeal judges concluded that the trial judge did not make any errors in managing the case.
Lord Justice Green explicitly stated that none of the new evidence or grounds of appeal cast doubt on the original verdict.
Despite the efforts to overturn the conviction, the Court of Appeal upheld Finnerty’s sentence, which includes a 12-year extended term.
The judges emphasized that this case involved repeated offending against a vulnerable person who was incapacitated at the time of the assault, and they referenced a pre-sentence report indicating that Finnerty posed a significant danger to women.
The court affirmed that the previous sentencing decision was justified, considering the nature of his criminal behavior and the risk he continues to pose.
