A Southend man jailed for 14 years after subjecting three children to a horrific five-year ordeal of rape and violence has failed to clear his name on appeal.

Duncan John Gurney, 50, had accused the trial judge, Judge Philip Clegg, of giving a biased summing up and refusing to hear evidence about one of the victim's sexual activities.

But Lord Justice Mantell, sitting at London's Criminal Appeal Court with Mr Justice Klevan and Judge Martin Stephens QC, rejected claims that Gurney had not had a fair trial and dismissed all his grounds of appeal.

Gurney, of Marine Parade, Southend, was jailed on February 9 last year after being convicted at Basildon Crown Court on six counts of rape, six of indecent assault and three of cruelty, committed between 1979 and 1984.

The eldest victim said she was repeatedly raped by Gurney between the ages of eight and 13, and was once hung up on the back of a door by her clothing.

The younger girl told the court Gurney had raped her at the ages of nine, 11 and 12. Gurney was convicted of two counts of cruelty towards the third victim, a young boy.

He claimed the victims had conspired in a bid to get compensation payouts.

Gurney had sacked his QC, who admitted he was "not at his best" after his mother died just before the trial, because he was unhappy with the QC's cross-examination of one of the victims, but Lord Justice Mantell ruled the cross-examination was appropriate.

Gurney alleged during the appeal that Judge Clegg had not allowed evidence about one victim's activities as a prostitute in Belgium, or a "kiss-and-tell" newspaper article.

Judge Clegg had permitted questions on the article, but had not allowed it to be shown to the jury. Lord Justice Mantell ruled that this was fair.

Gurney's counsel, Sarah Forshaw, said Judge Clegg's "mesmerising" summing-up had been biased.

The Appeal Court took the unique step of hearing a tape of the summing up, and ruled that no bias could be detected.

Lord Justice Mantell concluded: "We would simply say that taken singly or together there is nothing in the grounds or proposed grounds of appeal which leads us to think these convictions unsafe, and the appeal must be dismissed."

Convicted - Gurney at his trial

Picture: MAXINE CLARKE

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