PRESS RELEASE – 11 OCTOBER 2023 – FOLLOWING SEAN HOGG ACQUITTAL ON APPEAL
Press Release – 11th October 2023
Sean Hogg – Appeal against Conviction
Acquitted
Statement by Solicitor Aamer Anwar on behalf of our client, after she was advised of the decision to acquit.
“My client has asked me to make a statement on her behalf. She retains her anonymity. She states that when she went to the police, she had a hope for justice. When the jury returned a verdict of guilty, she thought that finally she could move on with her life.
Whilst she appreciates that senior judges have come to this decision after very careful consideration, nonetheless that does not take away from her feeling of devastation and knowing that there is no hope of closure.
My client will remain ever grateful to the police who carried out a robust investigation. My client wishes to thank the jury for doing their duty. My client has, however, a question for the judiciary, the Government, and the Lord Advocate.
She asks, is there anyone who will say that it was never the intention of the sentencing guidelines for under 25’s to mean that convicted rapists could escape imprisonment. My client’s grandmother has said that they have been left to pick up the shattered pieces of their granddaughter’s life. They felt they were left in the dark by the Crown. Now they must protect their granddaughter whose life has been turned back six years to when she was 13.
It is clear that the trial judge misdirected himself and in doing so, misdirected the jury. The appeal was grounded on procedural unfairness. It is always the responsibility of the trial judge to formulate the appropriate legal directions to give a jury. In this case, the procedure adopted was manifestly unfair and prejudicial to the defence and, on this basis the appeal had to succeed.
My client believes in jury trials for rape and serious crime. She feels that 15 ordinary men and women are best placed to decide innocence or guilt. To conclude, it is important for my client that at court today and in my meeting after court with the Solicitor General Ruth Charteris KC, the Crown did not renounce the right to prosecute should new evidence become available.”
