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Baby P killer loses rape appeal Baby P killer loses rape appeal
(about 1 hour later)
One of the three people jailed over the death of Baby Peter has lost an appeal against his conviction for raping a two-year-old. One of the three people jailed over the death of Baby Peter has lost an appeal against his conviction for raping a two-year-old girl.
Steven Barker, 33, who was ordered to serve at least 10 years for raping a girl, was told by Lord Judge that he was "a danger to young children". Steven Barker, 33, who was ordered to serve at least 10 years for raping the girl, was told by Lord Judge that he was "a danger to young children".
Barker, who was the boyfriend of Peter's mother Tracey Connelly, had claimed he did not have a fair trial.Barker, who was the boyfriend of Peter's mother Tracey Connelly, had claimed he did not have a fair trial.
But his challenge was rejected by the Court of Appeal in London.But his challenge was rejected by the Court of Appeal in London.
Barker had been jailed for 12 years for causing or allowing the death of 17-month-old Peter Connelly in north London in 2007 at a separate trial.Barker had been jailed for 12 years for causing or allowing the death of 17-month-old Peter Connelly in north London in 2007 at a separate trial.
'Competent' witness
But he claimed his conviction for the rape of the two-year-old girl was "unsafe".But he claimed his conviction for the rape of the two-year-old girl was "unsafe".
Barker's QC, Bernard Richmond, had argued at a hearing in November that an Old Bailey judge should have halted the case against him.Barker's QC, Bernard Richmond, had argued at a hearing in November that an Old Bailey judge should have halted the case against him.
'Proper and sound'
An argument put forward to the appeal judges by Mr Richmond was that the evidence of the girl should have been excluded.An argument put forward to the appeal judges by Mr Richmond was that the evidence of the girl should have been excluded.
Baby Peter had more than 50 injuries when he was found dead
The trial judge, he submitted, should have ruled that the child was not a "competent" witness.The trial judge, he submitted, should have ruled that the child was not a "competent" witness.
Opposing the appeal bid, Miss Sally O'Neill QC had argued that the trial judge had been "well-placed" and "entitled" to make the assessment he did about the competence of the child witness, who was aged four when she gave evidence. Lord Chief Justice Lord Judge said the child "was indeed a compelling as well as a competent witness".
He had reached proper and sound conclusions on that issue and on whether "there was a case properly to go to the jury", she said. He added: "On all the evidence this jury was entitled to conclude that the allegation was proved.
Lord Judge said: "All the reports upon the appellant indicate that he is a danger to young children." "Unless we simply resuscitate the tired and outdated misconceptions about the evidence of children, there is no justifiable basis for interfering with the verdict."
Lord Chief Justice Lord Judge, Lady Justice Hallett and Mrs Justice Macur, also dismissed his appeal against his sentence. He said both Baby P and the rape victim, referred to only as X, were "exceptionally vulnerable by reason of their ages and the appellant's activity represented a gross breach of trust".
The toddler was found dead in his cot with more than 50 injuries, including fractured ribs and a broken back, at a property in Tottenham in August 2007. He added: "All the reports upon the appellant indicate that he is a danger to young children. He committed appalling crimes."
Peter's mother, Tracey Connelly, 28, of Penshurst Road, Tottenham, north London, and lodger Jason Owen, 37, of Bromley, south east London, were also jailed over the child's death. Broken back
A spokesman for the Crown Prosecution Service said it was pleased with the judgement, adding the victim "demonstrated extraordinary courage".
"Those who abuse children should remember that their victims are not too young to help secure a conviction," he added.
Lord Chief Justice Lord Judge, Lady Justice Hallett and Mrs Justice Macur, also dismissed Barker's appeal against his sentence.
Baby Peter was found dead in his cot with more than 50 injuries, including fractured ribs and a broken back, at a property in Tottenham in August 2007.
Baby Peter's mother, Tracey Connelly, 28, of Penshurst Road, Tottenham, north London, and Barker's brother Jason Owen, 37, of Bromley, south-east London, were also jailed over the child's death.