Copyright 2001 NEWS GROUP NEWSPAPERS LTD
The Sun

May 12, 2001

LENGTH: 293 words

HEADLINE: FURY AS CHILD RAPE CASE IS THROWN OUT

BYLINE: Mark Howarth

BODY:
Wait for trial was 'too long'

APPEAL judges sparked outrage yesterday by setting a suspected child rapist free -because he was forced to wait too long to go to trial.

John Kane, 16, was charged with repeatedly attacking a seven-year-old girl and abusing three young boys, one aged just six.

But he walked free from the Appeal Court in Edinburgh after judges ruled his human rights had been infringed.

Tory justice spokesman Phil Gallie hit out: "We are seeing case after case thrown out of court for this same reason.

"Once again we see European law masquerading as promoting justice when it clearly does not."

Delay

Kane, of Balerno, near Edinburgh, was 13 when he was charged with rape, sodomy and indecency in October 1998.

But he was only indicted by the Procurator Fiscal in January -27 months later. His trial was due to start last month. But the case was thrown out at the second attempt under the European Convention of Human Rights which insists there must not be an "unreasonable" delay in bringing defendants to court.

Lord Coulsfield said: "The period which elapsed was substantially too long. There is no indication that the lapse of time ever led the authorities to treat the case with increasing urgency." The Crown Office last night vowed to appeal.

But Childline Scotland said: "This is yet another instance of the legal system failing Scots children in the most appalling way."

Dr Sean Gabb, of the Libertarian Alliance, said: "Any case involving the alleged rape of children should be accorded priority. But there's always an excuse why the authorities can't get a move on."

Children First added: "Where a girl of seven has to give evidence the trial should be brought as soon as possible."