Former policeman's sex assault trial delayed until 2019
A FORMER Warwickshire police officer accused of sexually assaulting a number of children almost 40 years ago will not stand trial until the early part of 2019.
Timothy Lively appeared at Warwick Crown Court today, Thursday, for what was intended to be a plea and trial preparation hearing on 20 allegations in relation to ten boys and three girls.
The offences are all alleged to have taken place in Stratford in the 1970s and 1980s when Lively, aged 58, of Old School Mead, Bidford-on-Avon, was a serving Warwickshire Police officer.
But Judge Stephen Eyre QC was told by prosecutor Rosina Cottage QC that both the prosecution and defence were asking that the indictment should not be put to him.
Miss Cottage explained that Lively, ‘who was a police officer and, before then, a cadet,’ denies all of the allegations.
There will therefore have to be a trial, which she said is expected to last up to ten weeks.
But before then there will need to be a further hearing in relation to three of the charges – and in law that hearing has to take place before he is arraigned on them.
And in addition, she said the defence have ‘a number of enquiries to make’ regarding witnesses and people the police have spoken to but who are not expected to be called by the prosecution to give evidence.
As a result, the defence would not be ready for trial until October of next year, but she would then not be available to conduct the trial until February the following year.
Asking for the trial to be put back until then to enable her to do so, Miss Cottage commented: “This is not a straight-forward case; it is very complex.”
Confirming he had no objection to that, Stephen Vullo QC, defending, said: “We are going to conduct an investigation and were going to ask for time. An extra four months will not make any difference.”
So Judge Eyre adjourned the case for the legal matters to be dealt with at a two-day hearing at the court in March next year and for the trial to begin in February 2019.
Granting Lively unconditional bail, the judge told him: “If you do not attend on those days, that is a separate offence, and if you do not attend, the trial may continue in your absence.”
The charges Lively faces include raping and indecently assaulting a girl when she was under the age of 16, and indecently assaulting another girl when she was over 16.
In relation to a third girl, he is accused of two charges of indecently assaulting her, one relating to when she was under 14 and one when she was under 16, as well as committing an act of gross indecency with her.
Lively is also charged with committing sexual offences with a boy when he was 15 in the early 1980s, and again when he was over 16, without his consent.
He further faces charges of indecently assaulting each of seven boys who were under 16 at the time, and four of indecently assaulting two of those boys and two others when they were 16 or over.