Thursday, January 28, 2010

The ripple effect damage from false and unfounded rape claim claims: another example

New Ferry teenager gets detention after stabbing

A YOUTH stabbed his friend in the back after a row over an unfounded rape allegation, a court has heard.

Simon Kelly had been arrested about two months earlier following an alleged rape but police decided not to charge him after analysis of DNA evidence.

On August 5 last year he spent the day with his friend, Daniel Turnbull, and they ended up at Kelly's home drinking.

Kelly's brother Stephen and his sister, Ali, were also there and the catalyst for trouble was when Stephen and Mr Turnbull began talking about the rape allegation, said Simon Duncan, prosecuting.

There was some pushing and shoving which culminated in Kelly storming off about 10.30pm.

About an hour later Mr Turnbull went home to his flat in New Ferry accompanied by Stephen.

Later Kelly arrived with his sister and the dispute erupted again, said Mr Duncan.

Mr Turnbull was in the kitchen making a cup of tea when Kelly repeatedly shouted at him to get out of the kitchen.

He glared at Mr Turnbull and grabbed the knife block and held a large knife in his right hand and four knives in his left hand.

As Mr Turnbull left the kitchen he looked back and saw Kelly lunging at him with the biggest knife and he arched his back to avoid injury.

He continued walking and did not feel any pain but then discovered he had been stabbed in the right shoulder blade.

He heard knives being thrown at Mr Kelly's brother and sister and Kelly was ejected from the flat. Mr Turnbull did not initially make a complaint to police as they were friends but later did so.
He had suffered a four cm full thickness cut to his shoulder blade which needed three stitches.
Kelly, 18, of Winstanley Road, New Ferry, pleaded guilty to wounding and was sentenced to 16 months detention.

Chris Williams, defending, said that after the rape allegation Kelly had been arrested and had samples taken after which the police decided to take no further action.

Meanwhile jobless Kelly had been targeted and was the subject of graffiti in the area and he was upset when the matter was brought up again that night.

His partner gave birth to his first child, a boy, just three days ago, said Mr Williams.

Judge Gerald Clifton told Kelly: "The Court of Appeal has made it clear that injuries caused by knives in criminal circumstances are very serious indeed.

"I would be failing in my duty if I passed a non-custodial sentence.

"You have previous convictions for assault and the time has come when there must be a custodial sentence," he said.