Bus driver is cleared over claim he groped woman in hotel room
Thursday, August 07, 2008, 23:00
The jury unanimously acquitted 36-year-old Kelvin Grant, after reaching a verdict within 40 minutes of retiring to consider their decision at the court yesterday morning.
The court had heard that Mr Grant had been 'on loan' to the Exeter branch of Stagecoach from his home town at the time of the alleged incident last year.
He had been staying at the Great Western Hotel in St David's, where the complainant had also been a guest.
The defendant had pleaded not guilty to an offence of sexual touching, involving touching the woman without her consent or without reasonable belief that she had agreed to it.
It was the prosecution's case that Mr Grant visited the woman's room, as a friend, then began to grope and kiss her as she was falling asleep, thinking he had left.
Prosecutor Nigel Askham said Mr Grant became friendly with the woman who was staying at the hotel, and also met her boyfriend.
The jury was told the defendant went to her room to watch a DVD when her boyfriend was temporarily away.
They both chatted about their relationships and she told him to leave because she needed to go to sleep.
It was claimed he then touched the woman without her consent, as she was falling asleep, undid her bra and groped her.
The woman said she was initially too scared to say anything but then confronted Grant, who later sent her apologetic mobile phone text messages after she checked out of the hotel.
It was the defence case that Mr Grant had touched the woman but not to the extent she had suggested.
Mr Grant said the woman had consented to his touch as she did not say anything except make a noise which he thought was one of agreement.
When arrested by police, Mr Grant told them he had stroked the woman's head and rubbed her back, thinking she was happy for him to do so as she did not react and appeared to consent, the court heard.
He agreed he had sent her apologetic texts but this was because he was aware she was in a relationship and her boyfriend might not be happy about infidelity.
The defendant, of Greyhound Close, Ash, Aldershot, Hampshire, said he did not remember undoing the woman's bra and would not have done so intentionally, nor could he remember kissing her.
The court heard that the defendant was of previous good character and had four witness statements about his positive qualities.
Judge Jeremy Griggs, summing up the case, told the jury it was for the prosecution to prove the case, rather than for the defendant to convince them of his innocence.
Judge Griggs said the issue of whether Mr Grant touched the woman was not disputed but the defendant had challenged the extent of it.
The defendant was told he could leave the court after the verdict was announced. He remained silent but was tearful after he left the courtroom and was greeted by a supporter from the public gallery.

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