Court of Appeal quash carer’s conviction from 1969
27/11/2008
On Wednesday 26th November 2008, the Lord Chief Justice, Lord Justice Toulson and Mr Justice Maddison quashed the convictions of Frank Joynson.
Joynson, R. v [2008] EWCA Crim 3049 (26 November 2008)
> judgment
Frank Joynson devoted 40 years to caring for others. In November 2007 his world came crashing down when he was convicted of abusing 5 former residents under his care.
Yesterday the Court of Appeal recognised that there were serious concerns about the safety of this conviction, that several of the complainants' credibility was seriously in question and that the delay in bringing these allegations before a court for 38 years had seriously prejudiced Mr Joynson to the extent that no fair trial was possible.
The court in a Landmark ruling made clear that where documents were missing these could affect both specific and non specific allegations and that when complainants were undermined their lack of credibility must have a knock on effect on other prosecution witnesses.
The Court decided that all of Frank Joynson's convictions were unsafe and the Crown did not seek a re-trial.
Yesterday Mr Joynson was restored to a position of someone with an unblemished career of over 40 years in the care industry. He was restored back to his family.
This case raises serious questions. The decision will affect other former carers and teachers who maintain their innocence and seek to challenge their wrongful convictions.
Frank Joynson was represented by Mark Barlow , instructed by Mark Newby of Jordans Solicitors LLP Doncaster.
Media coverage
> 27/11/08 Man wins abuse verdict appeal (South Yorkshire Star)
