Jonny Wilkinson (a rugby player and veteran teacher) was unanimously found innocent of the abuse of a teenager girl. Police were also criticised by the jury for not doing enough to investigate.
Philip Mulcahy, 58, was accused of indecently assaulting a teenage girl almost a dozen times over two years at the £15,000-a-year Bournemouth Collegiate School.
A jury delivered unanimously non guilty verdicts in less than four hours. The judge then received an unusual note from the juror, questioning his decision to take the case to trial.
Philip Mulcahy, 58, (pictured) was found not guilty of indecently assaulting a teenage girl almost a dozen times over two years at a £15,000-a-year private school
Bournemouth Collegiate School (pictured), was where Mr Mulcahy taught. Mulcahy was a teacher for over 35 years.
Note: “The investigation appears to have been weak and we are not able to understand why the CPS [Crown Prosecution Service]The case was taken to court.
Judge Brian Forster instructed counsel to bring the matter up with the Director of the CPS, and Chief Constable of Dorset Police. He thanked them for their ‘excellent jury service’.
The courtroom was filled with tears from the Mulcahy family members and jurors, and Mulcahy thanked everyone as they went.
The jury was informed that Mr Mulcahy had been a teacher for over 35 years. He also volunteered to be a coach of rugby for 33 years.
Due to his roles, he was regularly screened for safeguarding issues and has never been accused or arrested.
At the time she was between twelve and fourteen years old, the schoolgirl claimed that he forced her to stay after class, before placing her under the table, and telling her “Well done.”
There were tears of joy from the Mulcahy family at the conclusion of the case
Another time, she claimed that he touched her underneath her bra and underwear.
Mulcahy claimed that the events had never happened and that he did not know why he was being charged.
The court heard that he was shocked police interviewed him only once. They didn’t try to verify his story by speaking with other teachers on the trip, or trying to get CCTV footage from the hotel.
He was arrested with his iPad, mobile phone and laptop.
Judge Forster summarized the case by saying: “He believed the police would conduct more thorough investigations which, as we know, they didn’t.”
Mulcahy had the support of several other teachers who also testified that Mulcahy was an excellent and reliable teacher. He had a strong commitment to his pupils, and followed all rules. Nobody had ever expressed concern about Mulcahy’s behavior and no suggestion that he was insensitive with girls.
At the time, the schoolgirl was between the ages of 12-14 at the time. He claimed that he forced her to stay after class, before placing her under the table, and telling her “Well done.”
Louise Mulcahy, his wife for 34 years and three of their daughters, stood beside him and cried with relief when the jury announced their guilty verdicts.
After leaving Bournemouth Crown Court Mr Mulcahy didn’t make further comment.
CPS stated that it was satisfied that the case had been properly investigated and that there was sufficient evidence to support a conviction.
CPS spokesmen stated that prosecution decisions are made based on a legal test we use when authorizing charges.
The CPS does not decide whether someone is guilty, it only makes fair and impartial assessments as to whether or not to bring charges to the criminal court.
The Crown Prosecution Service stated that it respects the decision of the jury, but a spokesperson said: “We are satisfied that this case was properly investigated.”
“This assessment considers whether there’s a reasonable chance of conviction when a jury is called to determine the truth.
“In this case we felt that the case had been properly investigated, and there were sufficient evidence to support a reasonable prospect of conviction.
“We are respectful of the verdict rendered by the jury in this matter.”
Dorset Police stated that they conducted a thorough and comprehensive investigation but would wait to hear from Judge Forster before taking any necessary action.
According to a spokesperson for Dorset Police, the police took allegations like this very seriously. They conducted a detailed and thorough investigation. CPS examined the matter and decided it appropriate to bring charges.
“We strive to provide exceptional services to everyone. Therefore, we will constantly review cases and identify areas of learning.
“We await communication from Judge Forster QC, and we will take whatever action is necessary to resolve the matter.”
MailOnline reached out to Bournemouth Collegiate School in order for them to comment.