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A JUDGE questioned whether a sexual assault case should have been brought to court after it emerged the complainant had made previous false accusations.

David Leatham, a 58-year-old described as a man of previous good character, was charged with assault by penetration but found not guilty this week by a jury at Guildford Crown Court.

He had denied touching a 17-year-old in the Mole Valley shop where they both worked, on October 3, 2008. The complainant cannot be identified because of her age.

The teenager claimed that prior to the night in question the pair had a good working relationship but that Mr Leatham had exhibited sexual behaviour towards her.

She said he had brushed past her, touching her breasts, and had brought condoms and lubricant into the shop, all claims Mr Leatham denied.

He also said the girl had been responsible for a sordid text message sent to her own phone, as she had asked him to send it and composed it herself.

Prosecutor Wendy Cottee explained why the complainant did not tell anyone about Mr Leatham's alleged behaviour before.

“She was a young girl and she wanted to keep her job so she carried on working and did not tell anyone,” the barrister said.

On the evening in question it was alleged that they were cashing up at around 10pm, when Mr Leatham got onto his knees and sexually assaulted the girl, before getting up and trying to kiss her, causing her to push him away and run out of the shop.

The complainant said: “I was closing my eyes and wishing it was not going on.”

When arrested the next day Mr Leatham denied all the allegations, admitting only that he had bought a bottle of wine and allowed the girl to have a drink when working.

DNA of Mr Leatham, from Duncton Close in Crawley, West Sussex, was found on underwear belonging to the girl, the jury was told.

But he said the girl had asked to buy underwear on a shopping trip he had taken her on when she said she had no food.

“I must have touched the underwear as I loaded it onto the belt,” he said.

The defendant, who used to be in the army, also said the girl’s allegations that he knelt down and then stood up to try to kiss her did not take into account a serious spinal injury he had.

“I could not drop to my knees and stand up quickly,” he said.

The complainant was said to have experienced a difficult childhood, having been abused and taken into care at the age of nine, and had herself abused alcohol, heroin and crack cocaine.

Judge Neil Stewart urged the jury to see false allegations made by the girl in the past as irrelevant, but he later told Ms Cottee that the complainant’s past should have been considered when bringing the case to court.

Mr Leatham was found not guilty after a trial lasting less than three days.