Child abuser found guilty... a day after he killed himself: Legal first in England as a dead man is convicted by a court 

Ruling: Judge Jeremy Gold said the complainants had the right to know what verdicts the jury had reached the afternoon before Darren Turk died

A dead man has been convicted by a court in what is believed to be a legal first in England.

Darren Turk, 54, had been on trial for the rape and sexual assault of boys at the boarding school where he once worked, but killed himself on the eve of the jury delivering their verdict.

The following day the judge told the jury to give their decision, only afterwards telling them why the defendant was no longer in the dock.

He had been discovered dead at his home in Etchingham, East Sussex.

The jury declared Turk guilty on ten of the charges he was facing and acquitted him on six more.

Experts believe it is the first time in British legal history that a dead man has been convicted of a crime.

Turk’s five-week trial had heard that he molested boys aged between 11 and 15 at Frewen College in East Sussex, between 1996 and 2002.

Turk had been ‘head of care’ at the school for children with learning difficulties, but was not a teacher.

The verdicts were delivered by the jury at Lewes Crown Court despite Turk’s defence team arguing that the case could not continue without him.

They took the view that ‘there can be no indictment against a dead person and where there is no indictment there can be no verdicts’.

But Judge Jeremy Gold QC overruled their objections, saying that the complainants had the right to know what verdicts the jury had reached the afternoon before Turk died.

Turk’s trial had heard that he molested boys aged between 11 and 15 at Frewen College in East Sussex

Turk’s solicitors are now considering referring the case to the Court of Appeal.

The extraordinary development comes amid growing concern over the time and resources being expended on investigations into dead people over child abuse allegations dating back decades. 

Police forces are looking into claims made against 298 alleged offenders who are deceased, including former Prime Minister Edward Heath, while the Goddard public inquiry into child abuse will examine the case of Lord Janner, who died before he could face trial.

The Crown Prosecution Service has even had to remind police that the dead cannot be put in the dock, writing in new guidance: ‘Since deceased persons cannot be prosecuted, the Crown Prosecution Service will not make a charging decision in respect of a suspect who is deceased.’

Prominent barrister Barbara Hewson said: ‘Death stops everything, legally speaking. But judges are now so terrified of the complainant lobby that they are bending the rules.’

A spokesman for the judiciary told The Mail on Sunday: ‘The judge took the view that the complainants were entitled to know the jury’s verdicts despite the defendant’s death, in the knowledge that the jury had reached some verdicts, whatever they might be.’

A Sussex Police spokesman said: ‘Mr Turk was found dead at his home. There are no suspicious circumstances and the coroner’s officer has been informed.’

For confidential support call the Samaritans on 116123 or visit a local Samaritans branch. Click here for details