Baby P man loses rape appeal (From Haringey Independent)

Baby P man loses rape appeal

3:28pm Thursday 21st January 2010 in

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THE Tottenham man jailed over Baby Peter's death has lost an appeal against his conviction for the rape of a two-year-old.

The Lord Chief Justice, Lord Judge, sitting with two other judges in the Court of Appeal, threw out a challenge by Stephen Barker, 33, against his conviction for the rape of a two-year-old girl.

In reaching their decision, the judges rejected an argument put forward by Barker's QC Bernard Richmond that the conviction was solely based on evidence of a very young child and could not be trusted.

When she took the stand at the Old Bailey aged 4, she child, whose identity is protected, became the youngest person to give evidence in a criminal trial.

Barker claimed he did not have a fair trial because she was not a "competent" witness.

Lord Judge said that at the heart of the appeal was a submission that "it is not acceptable for a conviction, very heavily dependent on the evidence of a child as young as four-and-a-half years, describing events said to have occurred when she was not yet three years old, to be regarded as safe".

He added: "In reality, what we are being asked to consider is an underlying submission that no such conviction can ever be safe."

But he ruled: "The short answer is that it is open to a properly directed jury, unequivocally directed about the dangers and difficulties of doing so, to reach a safe conclusion on the basis of the evidence of a single competent witness, whatever his or her age, and whatever his or her disability. The ultimate verdict is the responsibility of the jury."

In May 2009, Barker was was handed a 12-year sentence for causing or allowing the death of the 17-month-old.

He was also sentenced to life after being convicted of rape at a separate trial.

He must serve a minimum term of 10 years before he can seek parole.