A MOTHER fighting to clear her dead son's name as a rapist has won a major battle.
Mrs Molly Gee, of Lindley, has been told that the case of her son Timothy Darryl Gee - convicted of rape and sex assaults - is to go to the Appeal Court.
A thorough investigation into the case has been completed by the Criminal Cases Review Commission.
And they have now ordered that the case should be sent back to the appeal courts, even though a previous appeal failed in July, 2002.
Mrs Gee's son died in prison shortly after his first appeal failed.
His father Kenneth, who fought with his wife to clear his name, also died just seven months later.
But Mrs Gee, 86, is now pinning her hopes on a fresh appeal which is likely to be heard next year.
She said: "I am delighted we have got this far. A lot of work has gone in, by my family and by the people who helped us with the first appeal.
"It is a terrible shame that Kenneth died before we knew we had got this far.
"Now I am hoping they can expedite things as quickly as possible".
Her 54-year-old son was convicted of three counts of rape and five counts of indecent assault in January, 2001, after a trial at Leeds Crown Court.
The court heard that Gee had worked for many years as a music teacher for Kirklees Council and the allegations centred on a pupil who was only 10 and 11 at the time.
The offences did not come to light until many years later when the girl had grown up.
Mr and Mrs Gee applied to the Criminal Cases Review Commmission, which is an independent body set up to examine suspected miscarriages of justice.
They began an inquiry in October, 2002, and confirmed the findings yesterday.
Spokesman Boris Worrall said: "Mr Gee died in prison and his family applied to the Commission on his behalf.
"They had to prove close emotional links to the accused, which obviously they had, and a full review was carried out.
"We do not always require to interview applicants and in this case we believe there are sufficient grounds to refer it back to the Court of Appeal.
"We would expect a new appeal hearing to be held some time next year."