RETIRED York psychiatrist Michael Haslam was cleared today of raping a patient - but lost an appeal against four indecent assault convictions.
The Court of Appeal rulings mean he will now serve a three-year sentence instead of the seven-year term imposed last December by Leeds Crown Court, and should be released in the middle of next year.
The judges said evidence given by a woman named as "JW" should never have been heard by the jury.
The woman told the crown court she had been to a photocopying room and sat on his knee and he had kissed her.
The alleged rape happened in the same photocopying room in 1988, but the judges said JW's evidence had no relevance to Haslam's guilt or innocence on the rape charge and should have been excluded.
Judges refused a prosecution plea for the rape charge to be retried, on the grounds of his advancing years and the prejudicial impact of so many years having passed since the alleged attack. The decision left one of his his victims and Dr Haslam's family with mixed feelings.
Lila Taylor, of York, who was twice indecently assaulted while being given a baby oil massage at Clifton Hospital in 1981, said she was delighted that his conviction for those offences had been upheld, but was very disappointed by the decision on the alleged rape.
John Howard, solicitor for Dr Haslam, said his family was delighted with the Court of Appeal decision in relation to the rape allegation.
He said: "This confirms their faith in the British justice system. Their delight is tinged with sadness that Dr Haslam is not to return home just yet."
Haslam's lawyers had argued earlier this week that his trial was an abuse of the court process and should never have gone ahead.
The lawyers claimed that because the case related to events so long ago in the 1980s, the trial was unfair and the conviction unsafe. This argument was not accepted by the Court of Appeal.
Lila Taylor welcomed that judgment, saying: "This case raised issues of such gravity and importance that I feel it had to be heard.
"In the 1980s, Dr Haslam's position as a highly distinguished and authoritative consultant psychiatrist gave him a unique opportunity to select those patients who would be most vulnerable and least able to protect themselves."
She thanked the police and legal team for "all their hard work over the last few years."
Updated: 14:28 Thursday, May 20, 2004
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