A teenager has told how the “jury did its duty” as appeal judges decide whether to overturn the conviction against a man found guilty of raping her.Sean Hogg escaped a jail sentence despite being convicted of attacking the schoolgirl in a country park when she was 13.His case sparked a public outcry after a judge spared him a prison sentence over the offences which took place when he was 17.Lawyers for the now 22-year-old are appealing against the conviction and allege a “very significant miscarriage of justice” has taken place.Hogg’s counsel, Donald Findlay KC, told Wednesday’s appeal hearing that the trial judge misdirected the jury.Mr Findlay said the judge wrongly linked a witness’ evidence of seeing the victim “distressed” to a second alleged rape.The Crown agreed there had been a “factual error” by the judge and conceded “mistakes” were made during the trial at the High Court in Glasgow.But Solicitor General Ruth Charteris KC said the trio of judges at Edinburgh’s High Court of Criminal Appeal there was enough evidence to uphold one count of rape against Hogg.The three appeal judges, Lord Pentland, Lady Dorrian and Lord Matthews, told the hearing they would return with a written ruling at a later date.Lady Dorrian had suggested to the solicitor general that the Crown’s position appeared to be asking appeal judges to “restructure or remodel the jury’s verdict”.Following the hearing, Aamer Anwar, the victim’s solicitor, said: “My client in April of this year was left devastated.
As far as she is concerned, she came forward. She told the truth. She spoke up. She believes the police and the jury did its duty.“There is much more she wishes to say, but it would be inappropriate to comment further until the Appeal Court
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