By MARK McLAUGHLIN
Edinburgh Evening News
15 December 2009

A FATHER whose conviction for raping a schoolgirl in Edinburgh has been quashed by appeal judges today told how the stigma of being branded a "paedophile" has ruined his life.

Desmond Uttley, 35, of Wester Hailes, was last week declared a victim of a miscarriage of justice over the 2002 conviction which saw him sentenced to six years in prison.

Judges at the Court of Criminal Appeal in Edinburgh allowed his challenge against his conviction after accepting fresh DNA evidence.

Speaking for the first time since the verdict, Mr Uttley told the Evening News: "I don't know what to say. I'm happy it's over but I'm obviously angry because I've lost a lot. I am now divorced because of it, and I haven't seen my son since 2002."

The former barber was jailed in November 2002 after he was found guilty of raping a 15-year-old girl at his then home in Lochend Gardens.

The court heard he had gone to her aid after finding her drunk in the street.

Mr Uttley, who always protested his innocence, today told how the accusation ended his marriage and how he fears his son may not want to know him.

He married in 2000, and their son was born the following year.

He said: "My wife believed me right up until it went to court, and when I was found guilty she was put under a lot of pressure to cut her ties with me.

"I don't even know if she's aware that I've won the appeal. I haven't seen her since 2004.

"We had a pretty happy life together. We had our ups and downs, like most marriages.

"I don't even know if my son knows anything about me. He was only one year old when I went to prison, so I don't know what his mum has told him.

"Now that I'm free I'm going to try to sort out some kind of access, but I'm afraid that he may not want to see me."

Mr Uttley was freed in 2004 pending an appeal but had spent time in Saughton, Peterhead and Dumfries prisons before his conviction was finally overturned.

He said: "For the first year in prison I was in shock. I put lots of weight on because I didn't want to work, I didn't want to exercise, I just wanted to stay in my cell and muse on everything I had lost.

"The first year was a very dark time, but after that I started working as a prison barber. I'd maybe like to do something like that now that I'm out, but it's hard to find work. Who is going to employ someone who has been sent to jail for being a paedophile?

"My lawyers have done me proud and I now want everyone to know that I am, and have always been, innocent. I just want to start putting my life back together.

"I've been classed as a bad person for so long that it's hard to adjust to being seen as a good person again."

Mr Uttley's trial heard how he invited the girl and her 14-year-old male friend back to his house to dry off, and put the girl to bed where she fell asleep.

The girl claimed she woke to find Mr Uttley having sex with her, despite providing two conflicting descriptions of her alleged assailant – neither of which matched him.

Appeal judges heard a later DNA analysis of swabs taken from the girl at the time of the alleged rape found samples from three male sources – none of which belonged to Mr Uttley.

Mr Uttley said he had been advised not to discuss details of the day of the alleged rape until the prosecution has signalled its intention to accept the appeal or go for a retrial.

A Crown Office spokeswoman said: "We note the decision of the court which is being carefully considered by Crown Counsel."