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BILLION TO 1; EXCLUSIVE (The DNA odds top trainer beat to walk free on sex attack).

Byline: By BILLY PATERSON

A RACING trainer walked away from a gay sex assault charge on a "billion to one chance" that he hadn't committed a sex act on a sleeping colleague.

Terry Hind claimed he couldn't remember what happened during the incident at Ayr Racecourse and told pals he "must have been sleepwalking".

Police forensic scientist Marie Campbell said DNA analysis found a "billion to one" chance that Hind was not the person who assaulted a 31-year-old man.

Hind, 41 - who is openly gay - walked free last Wednesday after a jury found the case against him not proven.

When asked about the DNA evidence, Hind said: "I obviously gave him oral sex but I can't believe I would have done it when he was asleep and without his consent."

A friend of Hind added: "He says the only explanation is that he was sleepwalking."

The alleged victim told Ayr Sheriff Court he was terrified when Hind pounced as he slept after a race meeting in the town.

The incident happened in an accommodation block after the pair had enjoyed a boozy night out.

The victim told the court: "I had known Terry Hind for a number of years through work but did not know him personally.

"We got back to the accommodation about 1.30am, ate our food and then went to sleep.

"The next thing I remember is waking up and something not very nice was happening.

"Terry Hind was doing this sexual act on me. I just panicked and ran out of the room."

Another witness claimed Hind had asked him for a cigarette before wandering over to the alleged victim's bed.

He said: "There seemed to be a sexual act of some kind going on."

Hind is well known and respected as a man at the pinnacle of his profession in the racing world.

For the last 10 months, he has been working as an assistant trainer at a yard in Essex.

He said: "I am openly homosexual and everyone in the racing fraternity is aware of this."

Hind admitted downing 12 drinks on the night of the alleged assault.

He said: "I don't remember anything after 11.15pm. I wouldn't do anything like that to anyone without their consent."

He burst into tears as the jury returned their verdict.

Sunday Mail doctor Gareth Smith said Hind's sleepwalking theory could not be ruled out.

He said: "People have been known to carry out very complex tasks while sleepwalking, including driving a car and cooking.

"There have also been cases of sleepwalkers attacking other people or trying to jump out of windows.

"It is not beyond the realms of possibility someone might commit a sex act while sleepwalking but this is the first case I've heard of."

There have been other cases of sleepwalking defence in serious criminal cases.

In December 2005, James Bilton, 22, of York, was found not guilty of rape after a jury believed his claim that he was sleepwalking.

In March 2005, Manchester man Jules Lowe, 32, was cleared of murdering his 83-year-old father after saying he battered the old man while sleepwalking.

And in 1994, Robert Burnett, of Newcastle, was found not guilty of attempted rape after a court accepted he was sleepwalking.

SUNDAY MAIL

b.paterson@sundaymail.co.uk

CAPTION(S):

Free man: Hind leaves court after being cleared of a sex attack at Ayr Racecourse' Winner: Respected trainer Hind has worked with race horses such as Swift Alchemist
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Publication:Sunday Mail (Glasgow, Scotland)
Date:Jun 11, 2006
Words:578
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