2015-07-20
70-year-old man jailed for inviting two 12-year-olds to take part in sexual act loses appeal against conviction
Stage: Appeal
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury and sentenced to five years imprisonment with the final three suspended by Judge Rory McCabe on March 24 2014. Clarke's barrister, Roderick O'Hanlon SC, further submitted that the trial judge: erred in holding that his arrest and detention was lawful; erred in allowing the girls' school Principal to give evidence as to their demeanour when they returned to school; erred in his instructions to the jury; erred in allowing the prosecution to adduce evidence from interview memos made when he did not have access to his solicitor and that the trial judge erred in telling the jury that 'while it was wrong to convict an innocent man it was equally bad to acquit a guilty man'.