Published: Sunday, 12th October, 2008 4:00pm

Kidnapper told to stay in jail indefinitely

by Court Reporter

A MAN found guilty of trying to snatch a four-year-old girl from a park has failed in a bid to have his conviction quashed at London's Court of Appeal.

Michael John Barrie, 57, of Crown Wood, Bracknell, received an indefinite term of imprisonment for public protection after being found guilty of one count of attempted kidnapping at Reading Crown Court in May last year.

The court heard at the time how Barrie tried to grab the girl around the chest at a park in Harmans Water but the girl ran off when her 10-year-old friend kicked him during the incident in September 2006.

The open-ended sentence, almost identical to a life term, means Barrie cannot be freed until he can persuade the Parole Board it is safe to do so.

He was ordered to serve at least two-and-a-half years behind bars before even being considered for release.

On Monday at London's Court of Appeal, Barrie's lawyers argued his conviction was "unsafe", attacking the identification evidence which helped convict him and describing it as "shambolic".

Judges were also told Barrie would not have had enough time to try to snatch the girl between going to the shops and returning home.

But Lord Justice Pill, sitting with Mr Justice Jack and Judge Rogers, dismissed the conviction appeal, and said the jury was entitled to come to the decision it did.

He rejected claims that the trial should have been halted at the halfway stage because there was "no case to answer".

He said it was up to the jury to decide "questions of fact" after being given appropriate directions by the trial judge, and described the summing up as excellent.

The evidence came to light when the friend made an identification of the attacker which helped convict Barrie.

Lord Justice Pill said during the hearing she had not had a "fleeting glance" of the attacker but a lengthy look at the man she later identified as Barrie.

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