A convicted paedophile who said he was "deeply sorry" for sexually abusing a young girl before being sentenced to six years' jail but later told the Court of Appeal he was innocent has failed to have his conviction overturned.
Jonathan John Edward Belcher was found guilty by a jury of 10 sex offences against the girl beginning when she was eight years old and continuing until she was 16.
Although represented by a lawyer at trial, Belcher represented himself before the Court of Appeal where he asked for his conviction to be quashed on the grounds he was innocent and had not given evidence in his defence.
Belcher said he should be given a lesser sentence because the kissing which occurred was "mutual" and the victim was lying when she said he had touched her private parts.
He also claimed the trial was unfair because he had recognised one of the jurors.
However, in a reserved decision released yesterday, the Court of Appeal said the juror had denied knowing Belcher and there was no reason to disbelieve him.
Belcher had initially intended to give evidence at trial but had later changed his instructions to his lawyer, stunning the trial judge who commented: "This has never happened [in my court] before".
The Court of Appeal said Belcher's only opportunity to dispute the charges was at trial.
"He cannot now come along and give the evidence he would have given had he elected otherwise," the court said in dismissing his appeal.
- NZPA
Paedophile fails to have conviction overturned
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