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17.
In support of the first four grounds, Mr McGowan, in his
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written submission, referred extensively to the evidence of Miss X. He
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also supplemented his written submission with oral submission before us.
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We do not find it necessary to reiterate what Mr McGowan submitted. It
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is sufficient to say that Mr McGowan attempted to demonstrate how
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unbelievable and unreliable Miss X’s evidence was—particularly when her
evidence was not supported by any independent evidence.
18.
In respect of the next four grounds, Mr McGowan criticized
the judge’s treatment of the alibi evidence, submitting that the alibi
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evidence threw doubt on Miss X’s evidence regarding the alleged indecent
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assault at the Emerald House (5th charge), which in turn, Mr McGowan
submitted, threw doubt on all her evidence in relation to all other charges.
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Mr McGowan also submitted, with reference to DW2’s evidence, that
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since the applicant was not living at a place as described by Miss X, that
also threw doubt on her evidence in relation to the alleged first indecent
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assault (3rd charge).
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19.
We have considered the very detailed and forceful arguments
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advanced by Mr McGowan, in particular Miss X’s evidence that there
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were no threats initially made to her to obtain the naked photographs, and
that no photographs of Miss X were found in the applicant’s possession or
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custody.
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20.
The short answer is that these were all matters within the
fact-finding province of the trial judge.
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The judge was fully aware that
the credibility of Miss X was crucial in this case. He was also fully aware
that Miss X’s evidence was not supported by any other independent
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