A youth group chief jailed for sexually abusing a boy who later died has failed in a bid to overturn his convictions.
Colm Joseph Shaw, 55, was difficult a verdict that he subjected the sufferer to repeated indecent assaults whereas driving a faculty bus in Co Armagh.
However the Court docket of Enchantment rejected claims that dangerous character proof had wrongly featured at his trial.
Lord Justice Deeny mentioned: “This court docket has little doubt in regards to the security of the decision.”
In 2015 Shaw, previously of Perry Road in Dungannon, Co Tyrone, was discovered responsible by a jury on counts of indecent assault and gross indecency with a toddler.
He obtained a five-year sentence, three of which have been to be spent in jail and two on probation.
The alleged offences have been dedicated towards a boy aged between 10 and 13, throughout a interval from 2003 to 2005.
He claimed Shaw touched him a minimum of ten occasions when he sat on the entrance of a faculty bus to keep away from bullying.
Police have been alerted years later when the complainant, who had by that stage moved away from the realm together with his household, instructed his father in regards to the incidents.
Nevertheless, earlier than the case reached trial the sufferer died in an accident.
A video of his police interview was performed to the jury, who additionally heard particulars of Shaw’s earlier conviction for making and possessing indecent photographs of youngsters.
The prosecution additionally relied on dangerous character proof from one other alleged sufferer, known as C.
He claimed Shaw sexually abused him as a ten-year-old boy whereas on a weekend journey with a youth membership.
Defence attorneys argued that the trial decide had wrongly admitted C’s allegations, for which Shaw was by no means convicted, for the aim of creating a propensity to sexually abuse younger kids.
In addition they contended that jurors had been misdirected in how they handled the proof.
The court docket held, nonetheless, that the trial decide had taken a cautious method by directing the jury that C’s claims ought to solely play a component of their deliberations in the event that they have been glad of guilt past an affordable doubt.
Dismissing the attraction, Lord Justice Deeny mentioned: “Despie the loss of life (of the sufferer), this was a powerful prosecution case with supportive proof from the mother and father of the complainant and never one however 4 items of dangerous character proof of various weight and significance, a few of it cogent comparable truth proof.”
Belfast Telegraph Digital