Barrister in rape case: ‘You made up the confession’

Davina Ayrton outside Portsmouth Crown Court (160023-1)
Davina Ayrton outside Portsmouth Crown Court (160023-1)
  • Witness gives evidence in rape case at Portsmouth Crown Court
  • Alleged confession is questioned by the defence
  • Transgender woman is on trial for raping a 15-year-old when she was living as a man
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A KEY witness in a rape trial of a transgender woman has been accused of fabricating evidence.

Davina Ayrton, 34, is on trial for the rape of a 15-year-old girl in Portsmouth in 2004.

I’m suggesting, quite frankly, that it did not happen.

Ann-Marie Talbot

Ayrton was known as David at the time.

The case was launched after Ayrton allegedly confessed to the crime to support worker Kirsty Tingle on January 1 last year when she was living at Heywood Sumner House in Fordingbridge in the New Forest.

But defence, solicitor Ann-Marie Talbot said Ayrton had not confessed to anything and Ms Tingle had made the whole thing up.

Ms Tingle denied fabricating the story when she took the stand in the trial at Portsmouth Crown Court.

Chris Stopa, prosecuting, read out what Ms Tingle had recorded on a behaviour observation chart after she got worried over what Ayrton had said in a conversation.

Reading Ms Tingle’s report, Mr Stopa told the court: ‘[Ayrton] went on to say that “I’m a paedophile and that I have always known that. There’s something wrong with me and I need help”.

‘She admitted that she had raped a girl but she had never it admitted before and never got done for it because of a lack of evidence.

‘Davina said: “We were doing it in a garage and she asked me to stop but I didn’t because I didn’t want to so I raped her”.’

But Ms Talbot said the confession never happened, and Ms Tingle instead made up her evidence after reading confidential material in Ayrton’s file at Heywood, which is a residence for people with learning difficulties and mental problems.

Ms Talbot said: ‘I’m suggesting, quite frankly, that it did not happen. Ayrton at no point said she was a paedophile. I’m also suggesting that Ayrton never told you that she had raped a girl, but this information came from you reading private client files.

‘In that behaviour observation chart you have recorded Ayrton as saying that she would not even trust herself with her own 15-year-old son but Ayrton had never told you that she had a son. That is information that you got from her private client file.’

Ayrton denies one count of rape.