Attempt to appeal against rape conviction rejected

Thursday 23 January 2025

A man convicted of rape and assault has had his attempt to appeal against his conviction rejected.

David Nigel Pearce (41) was found guilty of two historic rapes and two common assaults following a ten-day trial in the Royal Court in February last year.

But his lawyer, Advocate Olaf Blakeley, asked a Court of Appeal hearing this week for leave to appeal against the two rape convictions, arguing that they were unsafe.

Pearce grabbed the victim by the throat and pinned her down before forcing himself on her sexually, ignoring her cries to stop, jurors heard.

However a hearing this week was told that during Pearce's trial, a female juror had got up and walked out of court, later returning.

The juror said she had felt light-headed and distressed by what she was hearing, but Advocate Blakeley argued: “It was an alarm bell about that juror’s ability.

“There is a real risk that emotions played a part in the decision-making process.”

The advocate also pointed out that the victim had first made accusations against Pearce in 2014 – two years after the alleged rapes had taken place – and told the police at the time that she was unable to recall details.

Advocate Blakeley argued that her accounts were inconsistent.

However Advocate Simon Thomas argued against leave to appeal.

Of the juror who left court, he said: “It’s taking it too far to suggest that she had pre-judged the case or had decided that she was going to convict the applicant, come what may.

“The matter was dealt with appropriately.”

Advocate Thomas added that apparent inconsistencies in evidence in complex cases often emerged.

He said: “The jury had all the written evidence and the ability to consider any inconsistencies if they had concerns about them.

“From their verdict it can be inferred that they did not.”

The court decided not to grant Pearce leave to appeal.

Sir William Bailhache was presiding with James Wolffe and Paul Matthews.

SUPPORT...

Jersey Domestic and Sexual Abuse Support (JDAS) offer specialist support and guidance in relation to domestic or sexual abuse incidents. Support is provided before, during and after any police investigation or court hearing. It is also available when police are not involved. Call: 01534 880505 or email JDAS@gov.je.

The SARC at Dewberry House provide expert independent and confidential support to victims of sexual abuse. The Centre comprises of a team of experts with a wealth of knowledge and experience in advising, supporting and treating anyone who has been raped or sexually assaulted. Call: 01534 888222. 

Jersey Action Against Rape (JAAR) provide and maintain a supporting framework for survivors and their families. Tel: 01534 482801. 

FREEDA (Freedom from Domestic Abuse) offer a 24-hour helpline, access to safe accommodation as well as help and support for victims of domestic abuse. Tel: 0800 7356836. 

Victims First Jersey is a free and independent service offering confidential support to victims and witnesses of crime. Tel: 0800 7351612.