A Pembroke man convicted of having sex with an under-age girl was freed on Monday after the Court of Appeal quashed the case because the trial judge misdirected the jury.

The 33-year-old was found guilty last year of having unlawful carnal knowledge of the girl when she was 13. He was cleared of having sex with her a month later, when she was 14.

On Monday, the Court of Appeal struck down the conviction after ruling that the trial judge, Justice Charles-Etta Simmons, had misdirected the jury.

President of the Appeal Court, Sir James Astwood, sitting with Mr. Justice Phillip Clough and Mr. Justice Gerald Nazareth, said the jury's original verdict last year was inconsistent because they had believed the girl was telling the truth on one occasion but not on another.

The man was charged with having sex with the girl, who is now aged 15, between July 1 and August 19, 2000 and on September 12, 2000.

The offences were alleged to have taken place in "quiet spots" around the Island, including Astwood Park and Gibb's Hill Lighthouse.

In his written judgement, Sir James wrote: "These verdicts would appear to be unsatisfactory because they are inconsistent with each other, since the case depended solely on the evidence of the girl to support the allegations of carnal knowledge."

He said the directions to the jury, in which the judge said on several occasions that it was a matter of whether they believed the defendant or the girl, were "fatal to a conviction".

He added that Mrs. Justice Simmons "lost sight of the fact that the appellant did not have to prove anything. He did not have to make the jury sure he did not commit these offences.

"The manner in which the judge gave her directions must have convinced the jury that this was a contest between the girl and the appellant as to who was telling the truth. That is not the manner in which directions are to be given in a criminal prosecution.

"Proper directions are those which she gave at the beginning of her summation, and nothing short of that is acceptable.

"This appeal is allowed and conviction and sentence passed thereon are quashed on the ground that a miscarriage of justice has occurred because of the misdirections given to the jury by the judge."

Elizabeth Christopher appeared for the appellant during the appeal, and Anthony Blackman appeared for the Crown.