Man jailed for raping girls appeals verdict
Lawyer says there was not enough evidence
App e a l j u d g e s a re considering whether they should quash the convictions of a man who was jailed for raping a young girl and her sister over a four year period.
John Costello, 43, was given a 10 year sentence in February after a jury at the High Court in Glasgow found him guilty of attacking the girls between 1996 and 2000.
The court heard how the pervert preyed on the children between 1996 and 2000 at addresses in Shotts, Rutherglen and Livingston.
Jurors had heard how one of Costello’s victims was aged between seven and 12 when she was attacked and that the abuse had a “devastating effect” on her.
The former Marks & Spencer employee was also found guilty of sexually abusing the child and another girl aged between 10 and 15.
Both young women gave evidence against their attacker during the trial.
Costello, who has two previous convictions for possessing indecent images, was convicted of rape and lewd and libidinous practices. On Thursday, lawyers acting for Costello addressed judges at the Court of Criminal Appeal in Edinburgh.
Advocate Geoff Forbes argued that there wasn’t enough evidence available for the jury to return guilty verdicts against Costello.
Mr Forbes argued that the evidence of the two youngsters d i d n ’ t p rov i d e enough corroboration for conviction on the charges.
The lawyer said trial judge Lord Clark should have upheld a defence no case to answer submission which was made at the end of the prosecution case.
Arguing for his conviction to be quashed, Mr Forbes argued that Lord Clark erred.
He added: “The evidence led was not enough to establish the necessary link and unity which would allow the jury to establish the crimes had been committed.”
During his trial, the court heard how Costello, who lived in Southampton, showed adult porn websites to the girl he raped and lured her to take part in sexual conservations with adults in chat rooms.
Costello also made the child look at porn magazine pictures and adopt poses she saw in them. He filmed her taking part in sexual activity with him.
Last week, Mr Forbes also argued before judges Lady Paton, Lord Drummond Young and Lord Turnbull that his client’s sentence should be reduced.
The court heard that Costello had rejected the decision of the jury which had convicted him.
Mr Forbes also told the judges that as a consequence of his two previous convictions, he had engaged in courses designed to rehabilitate sex offenders.
The advocate also told the court that Costello was the subject of a life long supervision order by Hampshire Police as a consequence for his previous convictions for possessing indecent images.
He said that this supervision order would protect the public from potential harm which his client could pose.
Mr Forbes argued that in these particular circumstances, the sentence of 10 years wasn’t in line with other disposals given to offenders who had been convicted of similar offences.
He added: “The overall sentence of 10 years is out with the normal range of sentencing for offences of this type.”
Adv o c ate De p u t e Jane Farquharson, for the Crown, argued that the trial judge was correct to allow the case to go to the jury for its consideration.
Lady Paton, Lord Drummond Young and Lord Turnbull will issue their decision in the near future.