Man’s tears after party attack trial

A MAN accused of a Christmas house party rape broke down in tears yesterday after a jury ruled that he did not attack the woman.

Lee Tobin was acquitted at the end of a three-day trial, five months after the allegation was made.

The Teesside Crown Court jury of eight women and five men took less than ten minutes to reach its unanimous verdict yesterday afternoon.

Leisure centre gym instructor Mr Tobin walked free from court with his parents, other family members and friends after the verdict.

The 23-year-old had earlier told the court that he believed the woman wanted sexual contact with him.

He had gone to the house on the outskirts of Durham City in the early hours last December 28, to join others at the post-pub party.

After chatting with other guests, he asked where he could sleep and was directed to a spare room where the woman had earlier gone to bed.

Mr Tobin said he had no intention of having sex, and simply asked her if he could share the double bed for a few hours, and she replied “yeah”.

He told the jury that he woke to find her hand on his leg, gave her a cuddle and the pair moved closer together, before they had brief intercourse.

The court heard that the woman, who cannot be named for legal reasons, fled after gathering up her clothes. She told the jury that she had been asleep, did not give consent for Mr Tobin to get into bed, and woke to find him having sex with her.

Mr Tobin said he was “traumatised” when police turned up at his door to arrest him for rape.

The part-time DJ said: “I was put in a police cell, which is harrowing in itself. I have never been in that position in my life.

“I was a nervous wreck. I could not believe I was in that position. I was distraught. It has had a big impact on my life over the past five months.”

The jury heard that the woman was persuaded to go to the police by Newcastle United’s £10m Nigerian striker, Obafemi Martins.

She had met the footballer months earlier on the nightclub circuit around Tyneside, and rang him to claim she had been assaulted.

Mr Tobin, of Brandon, County Durham, was described in references as “kind and thoughtful”, and “polite and honest”.

A community youth worker described his behaviour as “impeccable” while a county council official said he was a credit to his parents.