Stephen John Scott fails in bid to have conviction for sexual assault overturned

A night-clubber who went out hoping for a night on the tiles to remember - but ended up with a criminal record for a sex offence - has failed in a bid to persuade judges to overturn his conviction. 

Stephen John Scott, 40, was arrested in Watford High Street as revellers piled out of clubs and bars on the night of August 20 last year, after a woman accused him of groping her breast. 

Scott, then living in Charter Place, Watford, denied he was the guilty man, despite wearing clothing which matched that which the victim said her attacker wore. 

However, he was convicted by a jury of sexual assault at St Albans Crown Court in March and handed a community sentence. 

Today Lord Justice Davis, Mr Justice Eady and Judge Brian Barker QC, sitting at London's Criminal Appeal Court, heard Scott ask them to grant him permission to appeal the conviction in a bid to clear his name. 

The court heard that the victim had left a club with her boyfriend but had fallen behind him when a man approached her, wearing a red shirt and jeans. 

After chatting briefly, the man groped her left breast "holding on for several seconds". 

Police arrived as the victim and her boyfriend were remonstrating with Scott, who they insisted was the guilty man. Scott however denied having anything to do with the incident. 

He was convicted by a jury in the absence of CCTV footage, and Scott's lawyers today argued that he didn't receive a fair trial. 

It was submitted that the way in which the question of identification was put to the jury by the judge had not been balanced, or reflected the reality on the ground as the crowds poured out of multiple venues and mingled late at night. 

But, rejecting the application, Judge Barker said: "He was wearing a red top or shirt and that was one of the identifying factors. This application can go no further." 

Source  http://www.watfordobserver.co.uk/news/10088046.Clubber_s_appeal_over_sexual_assault_fails/