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Man cleared of sexual assault of 16-year-old boy
6:00pm Sunday 16th December 2012 in Melksham
A man accused of sexually assaulting a 16-year-old has been cleared.
Elvis Barney was facing trial for kidnap and sex offences when the case was thrown out by Judge Douglas Field, sitting at Swindon crown court, after hearing the prosecution case.
He ruled no jury could properly convict the 37-year-old on the evidence of the alleged victim, now 19, as it contained ‘serious inconsistencies’.
The boy said he was walking across Queens Square in Westbury at about 5pm on June 1, 2010, when a man approached him.
Maria Lamb, prosecuting, said the boy said he was ‘terrified’ as the man grabbed his wrist and led him to a first floor flat in nearby Queens Court, locking him in.
He claimed Barney showed him a pornographic DVD, forced him to perform sex acts on him and also carried some out on him.
When he was later questioned Barney, who has severe learning difficulties and needed an intermediary to explain what was happening at the trial, denied any sexual contact.
But DNA samples taken from the men showed something had taken place and he was charged.
Having heard the teen-ager’s evidence, the judge pointed out there were a number of inaccuracies.
His insistence a key had been used to lock him in, then free him from the flat, was wrong as there was no keyhole on the inside of the door.
Medical evidence cast doubt on whether he had been grabbed by the wrist as there was no sign of any bruising and no pornographic DVDs were found in the flat.
On the direction of the judge, the jury cleared Barney of kidnap, sexual assault and three counts of causing a person to engage in sexual activity.