[2025] UKUT 167 (AAC)

The Appellant’s police interview lasted for just over 1 hour 20 minutes. The Appellant declined the offer of a solicitor.

The following evidence on the Appellant’s part emerged from his police interview. At first, he said he could not say how long his lips were on Molly’s or whether his mouth was open or closed (p.48). As the questioning in his police interview unfolded, he admitted that when he kissed Molly his mouth was open (p.48). The Appellant also stated in his police interview that he “didn’t feel good” about what had happened and that he should be “a responsible person” (p.49). He went on to say that the kiss was something he “shouldn’t have done that if I’m in control of myself” (p.52). He also distinguished between past kisses and the one at the birthday party: “Oh that time, sir, I have given a kiss, not like, it’s not like that, the one of, when I said I was on the alcohol – all the other times were not like that” (p.49); “…this particular one is the one that I believe – the other ones, that’s why I said intention of, intention is also important…” (p.50). However, he admitted to having kissed her on the lips more than once (p.50). When asked whether he had sexual feelings towards Molly when he kissed her he did not deny it, saying instead “I was under the influence of alcohol, I cannot…’ (p.52). When asked in his police interview whether he had ever kissed his own daughter like he kissed Molly that day, he replied in the negative (p.53). When asked why alcohol would make him kiss Molly like he would kiss his partner the Appellant was silent (p.54). When asked by the police whether he would be happy if an adult kissed his daughter in the way he had kissed Molly, the Appellant said “…that’s why I said here, as a person, I don’t feel good about it” (p.58). As the line of questioning further unfolded, the Appellant said that his conscience had been “haunting him since that time” (p.59). When pressed by the police about why he felt bad about his actions that day, the Appellant said: “…to put my mouth together like that inside her mouth, that’s what I wouldn’t (inaudible) it’s not something I would want to do” and that it happened “because I couldn’t control myself at that” (p.74). The Appellant was asked twice whether he felt bad because the kiss had a sexual element to it. On both occasions his response was to deflect the question, saying, “You interpret it [like that]” (pp.74-75).