The trial went smoothly on the first day until Peter Barlow was called as a prosecution witness. He had seen Carla immediately after the attack and heard Frank next day describe her as "someone who "likes it rough and that's what I gave her". However since then the two had begun an affair which they had tried to conceal. Having got wind of this, Frank hired Trish Davidson, a private investigator to follow the pair and obtain photographs of the two of them kissing outside a Cheshire hotel. During the cross-examination, Frank's mother Anne Foster passed Peter's wife Leanne a copy of the photographs at the exact moment that defence barrister Alicia Davenport was accusing him and Carla of the affair. Leanne leaped up from the public gallery and shouted abuse at Peter. The Judge told her to sit down or leave the court and the jury were instructed to disregard the outburst, nevertheless Peter's evidence was discredited.
On the final day, the Judge summed up saying that they had to decide if Carla did not consent to sex on the night of the assault and that Frank did not reasonably believe that she consented to that act. He pointed out that Peter was a key witness but that they should again ignore the outburst as only sworn evidence could be taken into account.
List of appearancesEdit