Rapist fails to overturn convictions

A pub singer and guitarist who raped two sleeping women in Newark has failed to convince senior judges to set him free.

Dwane Alan Smith, 29, of Tower Crescent, Lincoln, was jailed for nine years at Nottingham Crown Court on November 4 last year.

His first victim awoke to find Smith on top of her, raping her, Lord Justice Flaux told London's Appeal Court.

Almost a year later he raped a second woman while she was sleeping after they had consensual sex.

Both rapes happened in a bedroom above The White Hart pub, Newark.

The prosecution case was that it was "too much of a coincidence" for two women who did not know each other to make such similar accusations nearly a year apart.

Smith denied raping either victim, claiming they had fabricated the allegations because they were "ashamed about their behaviour."

But the jury did not believe him and he was convicted of two counts of rape.

The trial judge ruled that he had no case to answer on a third rape charge, involving a third complainant.

Mr Mark van der Zwart, defending, argued that Smith's convictions were unsafe and should be overturned.

He said the trial judge should not have refused to allow the two victims to be cross-examined about previous sexual behaviour.

Mr van der Zwart said the judge should have discharged the jury after clearing Smith of the third rape count.

But Lord Justice Flaux said there was "no error" in the judge's rulings about cross-examination of the women and he was also "right to refuse to discharge the jury."

"These convictions are safe and this appeal must be dismissed," said the appeal judge, who was sitting with Mrs Justice Cheema-Grubb and Sir John Royce.