A man who was jailed for six years after coercing a woman into sex with another man and revealing footage of it to her relatives has had a number of convictions overturned.
Clive Weatherhogg was imprisoned last year after a judge branded his behaviour “odious” but appeal judges have now overturned his convictions on three charges.
Weatherhogg, 43, was found guilty of compelling the woman to take part in intercourse with Edward Amobi, filming it and sending footage to her relatives.
But his counsel Shelagh McCall QC told the Court of Criminal Appeal in Edinburgh that the Crown now conceded there was a miscarriage of justice over the coercion charge as there was insufficient evidence to prove lack of consent.
The Lord Justice Clerk, Lady Dorrian, who heard the appeal with Lady Paton and Lord Turnbull, said: “We are satisfied the concession is well made.”
Lord Turnbull said that information conveyed to the court seemed to show that even at an earlier preparatory marking stage in the case there were concerns over a lack of corroboration.
Lady Dorrian said the appeal judges were also satisfied that misdirections given to jurors by the presiding sheriff at Weatherhogg’s trial over the charges relating to the footage sent to relatives were “material and constituted a miscarriage of justice”.
Weatherhogg, of Dubton Cottages, Guthrie, near Forfar, had denied the alleged offences during his trial at Dundee Sheriff Court before Sheriff George Way. His convictions on the three charges were quashed.
He was given a four-and-a-half year prison term by Lady Wolffe for the offence of coercing the woman to engage in sexual activity and intercourse with Mr Amobi between September 10 in 2013 and September 17 the following year after his case was sent to the High Court in Edinburgh because of its greater sentencing powers.
He had admitted a further charge involving uploading the film to the internet and was given an additional 18-month sentence of imprisonment.
Miss McCall said Weatherhogg had been in custody since March last year and had served that sentence taking into account early release provisions.
During the appeal hearing the Lord Justice Clerk raised concerns over the showing of the videos to the woman during the course of the trial.
Lady Dorrian said: “Why on earth was it thought necessary to do that?”
The senior judge said it was “entirely inconsistent” with efforts made to respect the dignity of witnesses.
She said: “It causes the court considerable concern and I think it should cause concern to the Crown as well.”
