Four charges dropped at 2010 trial

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After John Price Q.C. for the prosecution had presented his case for 17 charges of rape and sexual abuse against Gilbart-Smith, Mr Price allowed four of the charges to be dropped.

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CHARGE ONE: Was indecent assault, as the witness had said that he couldn’t be sure whether this was Gilbart-Smith or Burkett, and if the witness couldn’t be sure then how could the jury be sure, Mr Price pointed out.

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CHARGE TWO: The witness, when giving evidence, had told the court about Gilbart-Smith raping him in the TV room. However, the specimen charge that Gilbart-Smith was standing before the court for was related to raping this man in the sick bay room. When cross examined the man never gave evidence of the sick bay rape just the TV room rape, so the charge was dropped.

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CHARGE THREE: An attempted buggery was dropped as under cross examination, the witness did not describe attempted buggery.

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CHARGE FOUR: A fourth charge of indecent assault was conceded, as whilst the witness gave evidence of being tied up and sexually abused, whilst giving his evidence he did not specifically say that it was Gilbart-Smith. For this reason the charge was conceded.

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The defence asked that more charges be dropped.

Jo Cutts Q.C. told the court that the charge of conspiracy to bugger, should be dropped. It was stated by the witness that after being taken by Gilbart-Smith to a bonfire party at the Tudor House on Wandsworth Common, after being drugged, Gilbart-Smith had taken the boy up to the bedroom to lie down. The witness then said that Gilbart-Smith left him in the bedroom with a number of men and closed the door as he left.

The witness awoke the next day with blood coming from his back passage. The defence argued that if buggery had taken place, there was no evidence to suggest that Gilbart-Smith had entered into a conspiracy with whomever had buggered the witness as, according to the evidence of the witness, the defendant had left the room and closed the door.

The prosecution argued that the witness was taken to Wandsworth by a man in a convertible sports car. There was only one sports car used by the paedophiles and this had been proven to be Gilbart-Smith’s green MG. The fact that Gilbart-Smith had driven the witness to Wandsworth was sufficient to prove the conspiracy charge.

The defence further argued for a case of rape to be dropped as the witness, in his cross examination, was not specific as to the location being in Prescott’s private quarters. The witness gave evidence of being raped generally by Gilbart-Smith in various locations but didn’t give specific evidence concerning the specific rape that the specimen charge related to in Prescott’s private quarters.

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As the court adjourned, Gilbart-Smith stepped out of the dock and started laughing with Jo Cutts QC. The lead detective, DI Brian McDaide, seeing this said, “He makes me feel sick!” 

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