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Victor Nealon freed after 17 years in jail Victor Nealon freed after 17 years in jail
(about 1 hour later)
A postman who has served 17 years in prison for an attempted rape he has always denied has been freed after DNA evidence was heard at the Appeal Court.A postman who has served 17 years in prison for an attempted rape he has always denied has been freed after DNA evidence was heard at the Appeal Court.
Victor Nealon, 53, was living in Redditch, Worcestershire, when he was convicted of attacking a woman, 22, in January 1997 and jailed for life.Victor Nealon, 53, was living in Redditch, Worcestershire, when he was convicted of attacking a woman, 22, in January 1997 and jailed for life.
New DNA evidence revealed the presence of another man's genetic material, three Appeal Court judges were told.New DNA evidence revealed the presence of another man's genetic material, three Appeal Court judges were told.
Mr Nealon's barrister said the evidence was "dynamite" for his client.Mr Nealon's barrister said the evidence was "dynamite" for his client.
The Criminal Cases Review Commission (CCRC) had referred the case to the Court of Appeal, which heard that DNA material found on the the 22-year-old woman's blouse tarnished the jury's guilty verdict.The Criminal Cases Review Commission (CCRC) had referred the case to the Court of Appeal, which heard that DNA material found on the the 22-year-old woman's blouse tarnished the jury's guilty verdict.
'Explosive effect''Explosive effect'
Peter Willcock QC said that his client Mr Nealon volunteered to give a DNA sample at the time of the attack in 1996 and no trace was found on the woman's clothing, but tests in recent years revealed the presence of another man's DNA. Peter Willcock QC said his client Mr Nealon volunteered to give a DNA sample at the time of the attack in 1996 and no trace was found on the woman's clothing.
However, tests in recent years revealed the presence of the other man's DNA.
"In the context of these proceedings, this DNA evidence is dynamite and, had it been used at trial, it would have had an explosive effect," said Mr Willcock."In the context of these proceedings, this DNA evidence is dynamite and, had it been used at trial, it would have had an explosive effect," said Mr Willcock.
"This evidence would have been deployed by the defence at trial and, had it been deployed, it would have been very important evidence, by which the context of other evidence would have been evaluated.
"Had the defence had this evidence, clearly indicating that there was potentially another suspect, then the weaknesses in the identification may well have been enough to persuade a jury that they could not be sure that this defendant was the person responsible.""Had the defence had this evidence, clearly indicating that there was potentially another suspect, then the weaknesses in the identification may well have been enough to persuade a jury that they could not be sure that this defendant was the person responsible."
The judges said they would explain their reasons for their decision to allow the appeal at a later date. Sarah Whitehouse, for the Crown, argued that the new evidence was "neutral" and should not affect the safety of the conviction.
However, the judges chose to quash the conviction. They would explain their reasons for their decision to allow the appeal at a later date.
Mr Nealon was arrested after a woman was sexually assaulted on her way home from a nightclub in Redditch.
He was convicted after a trial at Hereford Crown Court and given a life term. An appeal in 1998 failed.
'Corners cut'
Leo O'Toole, Mr Nealon's friend and member the West Midlands Against Injustice group, said after the hearing that during his time in prison, Mr Nealon's relationship with his partner had ended and some of his relatives had died, leaving him with nowhere to go on release.
"There has been a man in prison for 17 years on wrong evidence. The trauma and the damage done to Victor and the victim of this event is irreversible," he said.
"The police will have to reopen the case because there is a perpetrator at large in society who remains free."
Mr Nealon's solicitor Mark Newby said he expected his client to seek compensation in the coming weeks.
"Forensic science has moved on since the 1990s but it would appear that exhibits were not fully examined at the time," he said.
"Not enough care appears to have been taken or corners appear to have been cut."