Head sex assault appeal rejected
http://news.bbc.co.uk/go/rss/-/1/hi/wales/south_west/8485800.stm Version 0 of 1. A Pembrokeshire head teacher convicted of nine counts of sexually assaulting girls in his care has lost an appeal against his conviction. Mrs Justice Swift said the three appeal court judges had "scrutinised with considerable care" but could not grant David Thorley's appeal. Thorley, 57, from Carmarthen, was jailed for two years in July after being convicted at Swansea Crown Court. The prosecution said he had shown "an unhealthy interest in young girls". They said he had used his position of trust to gain access to the children, some of whom were pupils, others the daughters of family friends. Mr Thorley was said to have undressed and touched one 10-year-old pupil while taking her to the toilet during a visit to a hospital accident and emergency unit. Intimate examination On another occasion, he was present during the intimate examination of a child who had complained of discomfort. The prosecution claimed at the trial that he had gained sexual gratification. Patrick Harrington QC, for Thorley, said much of the evidence against him had been "worthless or seriously flawed." The three Appeal Court judges were told by Mr Harrington QC that Thorley's actions in taking the child to hospital were the result of a level of pastoral care "greater than that at other schools". He said "there was no one else to take care of her at the time." The child later asked her mother "Is it right that he (Thorley) should take little girls to the toilet?" 'Sufficient merit' Mr Harrington said the girl had not made any allegations that Thorley had intimately touched her when she was spoken to by social workers. The claim that he had used tissue paper to wipe her emerged later. But Elwen Evan QC, for the Crown, dismissed claims that the judge's summing-up was unfair or that he had misdirected the jury as they prepared to deliberate. She told the court: "No criticism was raised with the judge (Michael Burr) at the time". She said the complaint made by the child taken to the toilet, which prompted the investigation, "had sufficient merit." 'Convinced of innocence' Mrs Justice Swift outlined the three judges' decision in a ruling which took just under an hour to deliver, dismissing all 11 grounds for appeal. Thorley will now be returned to Usk prison in Monmouthshire and will be released on licence in July, when he has served 12 months of his two-year term. His wife Mary and the couple's son, 18, left the court visibly distressed. Annie Hovey from the head teachers' union the NAHT expressed her disappointment at the decision. She said the appeal process had now been exhausted, but she added that friends and colleagues of Mr Thorley remained convinced of his innocence. |