HARRY DEVINE FROM WINGATE FAILS TO OVERTURN SEX CONVICTION IN DURHAM COURT

In July 2007, Harry Devine, a former independent councillor representing Wingate on Easington District Council, faced a significant legal setback when he failed in his attempt to overturn a conviction related to serious sexual offenses. Devine, aged 56 at the time, was previously sentenced to 22 months in prison after being found guilty of indecently touching an 11-year-old girl during his trial held at Durham Crown Court in March 2005.

The court proceedings revealed disturbing details about Devine's conduct. It was established that he possessed home videos depicting young girls in swimming costumes, with the camera zooming in on their private areas, which contributed to the court's assessment of him as a danger to young girls. These videos were part of the evidence that led to his conviction.

Additionally, Devine faced unproven allegations that he had groomed two other underage girls while he was out on bail for the initial attack on the 11-year-old victim. During the trial, Devine claimed that his young victim had fabricated her story, a defense that was ultimately unsuccessful. As part of his sentence, he was also subjected to a sexual offenders’ prevention order, which requires him to register as a sex offender for a period of five years.

In an attempt to appeal his conviction, Devine appeared before London's Criminal Appeal Court, arguing that the evidence presented at trial, which included details of his 'reprehensible behaviour' and an 'abnormal attitude' towards the sexuality of young girls, had unfairly influenced the jury. He contended that this evidence compromised the fairness of his trial.

The appeal court examined the circumstances surrounding his arrest, during which police found the date-rape drug rohypnol and condoms in his vehicle. They also discovered a collection of newspaper cuttings featuring young stars from the popular TV soap Coronation Street at his residence on Salters Lane, Wingate, County Durham. These findings, along with the allegations made while he was on bail—one of which led to his trial and subsequent acquittal—were presented as evidence of his supposed 'propensity to regard underage girls with an inappropriate attitude.'

Devine argued that the trial judge should have issued a stronger warning to the jury regarding this evidence. However, Lady Justice Hallett, sitting alongside Mr Justice Silber and Mr Justice Wilkie, dismissed his appeal. She stated that the directions given by the trial judge were comprehensive and fair, and that it was difficult to see what additional guidance could have been provided.

Lady Justice Hallett emphasized that the evidence against Devine was compelling and that his trial was conducted fairly. She concluded that his conviction was safe and that the application for appeal was hopeless. As a result, Devine, who has already served his prison sentence, remains subject to the sex offenders’ register for an additional eight years, requiring him to continue signing the register as mandated by law.