Stuart Eyre [2019] EWCA Crim 1465

The applicant renewed an application for permission to appeal against conviction and for an extension of time. He had been convicted of historical sexual offences against a child. It was known at trial that the complainant had undergone counselling and therapy and disclosed the abuse to his first counsellor, Ravi Rana. The sole ground of appeal was that there was newly discovered evidence that the complainant had undertaken therapy, which may have influenced his evidence. In essence, the applicant sought to argue that the therapy may have involved the therapist suggesting the abuse had happened rather than the complainant saying it had.

Held: the assertion was no more than making criticisms of Ravi Rana’s method from a book written by her. It did not properly constitute evidence, and there was no proper basis for admitting it as fresh evidence. The applications were refused.