A SEX attacker who was jailed for assaulting an 82-year-old woman while he was a patient at the Royal Bolton Hospital has failed in a Court of Appeal bid to overturn his conviction.

Dean Brian Galley, aged 45, of Longtown Gardens, Halliwell, was jailed indefinitely at Bolton Crown Court in December, 2007, after a jury found him guilty of sexually assaulting the pensioner, who was a patient on the same medical assessment ward.

But Galley, a chronic alcoholic, claims he is innocent and launched an appeal application at the Court of Appeal, where top judges yesterday rejected his case.

Lord Justice Stanley Burnton, sitting with Mr Justice Eady and Mr Justice Foskett, said there was “no basis” to challenge the jury’s guilty verdict.

He told the court Galley had been in the Royal Bolton Hospital for alcohol treatment when he attacked the elderly woman in her bed.

Ward staff were alerted by the woman’s cries for help and, when they approached Galley, were told he had “not touched her”.

Galley contested the trial on the basis there was no evidence on which he could be found to have sexually touched the woman.

And, if there was, there was no evidence on which the jury could find that he knew what he was doing, because his state of mind was so affected by alcohol withdrawal, he said.

Yesterday, his lawyers argued the trial judge had not properly explained to the jury the evidence on which the prosecution alleged he knew what he was doing at the time.

Lord Justice Stanley Burnton said: “The summing up in this case was an imperfect summing up.

“Nonetheless, the judge did put the arguments relied upon on both sides.”

Although the sentencing judge ordered Galley serve 18 months before applying for parole, he is still behind bars more than three-and-a-half years later.

He will not be freed until the Parole Board is convinced it would be safe to do so.