A WINSFORD newsagent who served the majority of a six month term for sexual assault had his conviction overturned after new evidence revealed his alleged victim had lied.
Bryan Tong, 68, was convicted at Chester Crown Court last September of two counts of sexual assault against a 15-year-old boy, referred to during the hearing only as “R”.
However, on Monday, judges at the Court of Appeal quashed the conviction after another boy, referred to as “D”, gave evidence “R” had admitted the allegations were untrue.
Mr Tong, of Dingle Walk, was acquitted at the original trial of a third count of sexual assault by a boy referred to as “S”.
The pensioner denied the allegations and said the two boys “put their heads together and concocted the case against him”.
The boy, “D”, told the Court of Appeal he had not come forward before because he was not aware that the case had gone ahead and he did not think his friend would go through with making a dishonest complaint.
Lord Justice Tuckey said “D” was a credible witness and the new evidence cast doubt on the safety of Mr Tong’s convictions.
The judge said the case had been based on the word of “R” against Mr Tong. He said the fact the jury had acquitted Mr Tong on one count meant that there was already some doubt about the case.
“We cannot say that Mr Tong would still have been convicted if this evidence had been before the jury,” the judge concluded.