Pervert’s appeal bid is thrown out

A PAEDOPHILE who sexually abused two children has had his appeal against his conviction refused.

Charles Gowans, 69, was ordered to complete 300 hours of unpaid work after being found guilty of indecently touching a child under the age of 13 while in Spain in October 2016.

He was also convicted of touching another child at two addresses in Dundee on various occasions between August 2014 and May 2017.

Solicitors acting for Gowans had filed an appeal arguing that the OAP had “no case to answer” over the incident in Spain, and by extension was not guilty of the other offence.

They had argued that it was not possible to link both offences through “mutual corroboration” – the idea that similar, but separate, crimes can be linked even if each one only has a single piece of evidence to back it up.

Scottish courts typically only convict on the basis of at least two pieces of corroborating evidence.

The Sheriff Appeal Court reviewed evidence from Gowans’ trial in considering the appeal.

They reviewed statements given by the mother of the child in the Spanish incident, who had witnessed what she described as “uncomfortable” conduct by Gowans. However, she was the only witness to the incident, as the child involved could not recall it.

Despite that, appeal judges Sheriff Principal Duncan L Murray, Sheriff A Grant McCulloch and Sheriff Norman McFadyen noted similarities between the Spanish offence and the series of incidents committed in Dundee.

Upholding the appeal, they said in a published judgment: “It seems obvious to us that the alleged offences did occur within a reasonably concise time period.

“Indeed, the alleged offence against (one) child took place during the period of the alleged offending against the (other) child.

“The sheriff was entitled... to convict the appellant. The appeal must therefore be refused.”

Charles Gowans