Published: 11:00, 15 October 2014
The case of a Dymchurch rapist – who is facing a possible life sentence – has been adjourned....because his lawyer was at home 62 miles away!
Brian Thrale, 64, was expecting his case at Canterbury Crown Court to go ahead on new charges of rape and indecency with a child.
But although Thrale – who is already serving a 12-year sentence for similar offences – arrived, along with his victim, the prosecutor and the judge... there was no sign of his defence solicitor.
Eventually, London-based Jayotis Lemosa appeared before Judge James O’Mahony three and a half hours later.
By then, Thrale, of Marshlands, was back in the cells awaiting a return to prison after his case was adjourned.
Mr Lemosa apologised to the judge and said he had misread the court list and hadn’t spotted Thrale’s name.
Judge O’Mahony said the solicitor-advocate, who had been instructed by local solicitors, had been talking by telephone to court staff at 8.30am.
He said: “You have a client facing potentially life imprisonment who was here...this court was unable to do any work. Where were you?”
Mr Lemosa replied: “Your honour can I....er.. I was at home! The earliest train I could get from St Pancreas was 11.40am.”
Judge O’Mahony retorted: “You were told at 8.30am that the case was listed. You knew that the case was going ahead. The prosecution counsel was here, the complainant was here and the unfortunate unrepresented defendant was here...and you were at home!”
The judge added that Mr Lemosa had spoken with court staff the previous day to arrange the time of the case to be heard.
He added: “There are some cases when a simple apology is fine but this was not that sort of situation but this is very serious indeed.
“I am, of course, not accusing you of not telling the truth but, I’m sorry, I do not accept that explanation as an excuse as to what happened.”
He then ordered a transcript of the hearing to be sent to the resident judge Adele Williams for further action.
Thrale was convicted in 2012 of raping a girl three times and indecently assaulting another and was jailed for 15 years.
He has now pleaded guilty to four more offences of rape and indecency with a girl dating back more than 30 years.
Thrale will be sentenced next February after the preparation of psychiatric and probation reports.
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