Jury discharged in sexual touching trial of Newbury & District bus company driver Peter Clarke, from Ball Hill

JURORS have been unable to decide whether a school bus driver groped a girl pupil.

The alleged victim told Reading Crown Court how veteran Newbury & District bus company driver Peter Clarke patted her bottom three times, then gave a lingering squeeze.

The 73-year-old, of Ball Hill, vehemently denied sexually touching the pupil when she did not consent on February 8 last year.

Adam Williams, defending, pointed to inconsistencies in the complainant’s story and said the CCTV footage was too indistinct to be useful to the prosecution.

But jurors had also heard how a friend of the alleged victim, who had been walking with her, independently texted her moments later to ask: “Did your bus driver just touch your a***?”

Giving evidence on Thursday, July 18, the girl told jurors: “He was touching me inappropriately, touching my bottom three times and then having a grip on it.

“He invaded my personal space.”

Mr Clarke told the court he was bewildered by the accusation.

The girl had told jurors she thought the touching was on her right hand side.

But summing up, Mr Williams told the jury of 11 men and one woman: “That CCTV footage doesn’t show his hand going to her right hand side - she has to be mistaken about that.

“She alleges three hard taps with a fourth grab; again, that account, from what you see in the footage, can not be right.”

He added: “At best - if you agree there was any touching - a best, there’s two hand movements, not three.

“And there’s certainly not three and a grab.

“She’s not a reliable witness.

“This is, sadly, I suggest to you, an example of mistaken memory; I’m not suggesting any ill intent - that would be nonsense.

“But we all know, as human beings, we can be mistaken about things …this is a classic example of someone who is mistaken about what unfolded.

“She couldn’t even be sure it was Mr Clarke who touched her… if you’re assuming things, you can’t be sure.”

Mr Williams also pointed out: “At the moment of the alleged touching, she’s being pushed back by another person - she didn’t mention that in her evidence.

“And (that person) is touching her on the right hand side - at the crucial moment Mr Clarke is alleged to have touched her three times and then a grab.

“She doesn’t react in any way to this - she just keeps walking.

“When you add up all the inconsistencies it points to a rather different story.

“It doesn’t point to any deliberate touching that had any sexual intention from the defendant.”

Jurors retired to consider the matter but were unable to reach a unanimous verdict.

Judge Neil Millard then informed them he would accept a majority verdict of 10 to two or 11 to one.

Still they were unable to agree and Judge Millard discharged the jury.

The Crown Prosecution Service now has to decide, within a fortnight, whether or not to seek a retrial.