A MAN jailed for an attack in which three students were bundled into a van and forced to disclose their bank pin numbers, has failed to have his conviction overturned.
Michael Carty, 28, of Enderby Road, Sunderland was jailed for five years at Newcastle Crown Court, last April, after he was convicted of three counts of robbery and three of kidnapping.
Judge Sir Richard Tucker, sitting with Lord Justice Dyson and Judge Mark Dyer at London's Appeal Court, said: "We feel no doubt about the safety of this conviction and the appeal is dismissed."
Rejecting claims that the trial judge had failed to adequately direct the jury to be cautious when assessing identification evidence, Sir Richard said: "it was a full and fair summing up and no proper complaint can be made."
In September 1999, three students were walking home when they were approached by two men, one of whom the prosecution said was Carty.
They became aggressive and they ordered the students to get into a van. The students climbed into the van, where they were confronted by another two men and were ordered to empty their pockets.
They were then taken out of the van, lined up against a wall and were told to give out their pin numbers, said Sir Richard. Faced with dire threats one of them withdrew £300 from a cash point.
When arrested, Carty insisted it was a case of mistaken identity. Although the van was his, he claimed others had been using it.
Carty's lawyers criticised the way in which the trial judge had dealt with forensic evidence that a fibre from one of the victim's shirts had been found on Carty's fleece.
But Sir Richard said the trial judge had given a full and careful direction to the jury to use "special caution" when considering the evidence.
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