Tittensor pervert pensioner Graham Klein fails to overturn conviction on human rights violation grounds
A PENSIONER found guilty of molesting two young girls four decades ago has failed in a bid to convince top judges that his trial was unfair and violated his human rights.
Graham Klein was handed an eight-month suspended sentence at Stoke-on-Trent Crown Court in November last year after a jury convicted him of five counts of indecent assault. He was cleared of a sixth count.
The 66-year-old, of Winghouse Lane, Tittensor, asked three of the country’s most senior judges to overturn his convictions, arguing they were ‘unsafe’.
Representing himself, he told London’s Criminal Appeal Court: “Not only didn’t I do as claimed, I couldn’t have done as claimed – it is just something I could never do.”
But, rejecting his appeal, Mrs Justice Slade, sitting with Lord Justice Davis and Mr Justice Treacy, told the court Klein molested both victims in the early 1970s.
Klein targeted one of the girls on a number of occasions, and molested the other just once.
The offences were committed between 40 and 32 years ago, and involved touching the girls over their clothing. But one charge involved touching one of the victim’s breasts under her clothing.
His crimes did not come to light until the now adult victims went to police in 2010 after Klein tried unsuccessfully to sue them for slander because they had spoken out about his offending.
Still vehemently maintaining his innocence, Klein claimed the victims and other witnesses were all lying and said there were ‘inconsistencies’ in the evidence they gave, which his legal team didn’t challenge.
The pensioner, who was spared jail because he is in poor health, said this resulted in an unfair trial, in breach of his fundamental right to a fair hearing by an impartial tribunal under Article 6 of the European Convention on Human Rights.
He also argued documents, which he claimed could have exonerated him, were not used at his trial, and asked the Appeal Court to consider them as ‘fresh evidence’.
But, dismissing his appeal, Mrs Justice Slade said the criticism of his trial lawyers was not justified, and he had not made any complaints about them at the time.
She concluded: “In our judgment, there is no breach of Mr Klein’s Article 6 rights, nor do any of the grounds of appeal show that the convictions are arguably unsafe, and the application is dismissed.”