TWO people have been found guilty of intimidating a witness who was due to give key evidence in a rape trial.

Jamie Steven Cain and Janine Tanner were both convicted yesterday of intimidating Graeme Kane, knowing or believing he was assisting in an investigation, in an attempt to obstruct or pervert the course of justice.

Both had denied the charge.

Selby Magistrates asked for pre-sentence reports to be prepared by December 3 when the pair will next appear, but warned all options would be considered, including prison.

The court heard that Mr Kane was a key prosecution witness in a rape case against Tanner's partner, Neil Chittock, who is also Cain's uncle.

Mr Chittock was acquitted after a trial in September.

Mr Kane said he had received several crank phone calls, and recognised Cain's voice during one on May 29.

The next night, in Toff's Nightclub in York, Cain approached him to say: "You have got just one chance".

Mr Kane, a health care assistant from York, said he believed this was a warning to drop his involvement in the rape trial and he felt "frightened".

Cain, 23, of Tudor Road, Acomb, York, said he had wanted to tell Mr Kane he was also in the club with Mr Chittock and meant he had "one chance to make sure there was no trouble that evening".

Doormen, and then police, approached Mr Kane to search him after a tip-off that he had drugs. They found none. Cain said he had reported Mr Kane to "wind him up" so he could experience having lies spread about him.

Mr Kane said Janine Tanner, 21 of Tudor Road, Acomb, then "charged" at him and launched a tirade of abuse, shouting: "You are going to get it. You are dead". Fearing she would strike him, he retreated to safety. He said he believed they were trying to intimidate him before the trial.

The court heard that after the alleged rape Mr Kane, who was close to the complainant, broke into Mr Chittock's home while he and Janine Tanner were asleep and assaulted him.

He received a 12 months' prison sentence, suspended for two years, for causing actual bodily harm and causing criminal damage.

Janine Tanner said the nightclub incident was the first time she had seen Kane since the attack.

Fuelled by 15 double vodkas, she launched a tirade of verbal abuse, but denied making threats.

Tony Hargreaves, presiding, described Cain's phone calls and behaviour, including false allegations about drugs as "threatening, distressing and intimidating".

He said Cain and Tanner's best choice should have been to leave the club on realising Mr Kane was there.

The pair were remanded on conditional bail.

Updated: 09:45 Saturday, November 13, 2004