The Court of Appeal yesterday threw out a bid to overturn a sexual assault conviction, achieved following the admission of unsworn evidence on videotape. The appeal was partly based on Eastern Court magistrate Peter Line's decision to admit the 30-minute unsworn video testimony of the 13-year-old victim. Barrister Philip Ross, for the appellant, claimed the conviction should be quashed because Mr Line had not been 'specific' in his findings, it was not clear whether the victim had understood the importance of telling the truth, nor if proper regard had been given to her inconsistent testimony. But Mr Justice Barry Mortimer said Mr Line had properly inquired whether the 13-year-old had understood the concept of truth. Mr Justice Mortimer, Mr Justice Gerald Nazareth and Mr Justice Simon Mayo dismissed the appeal. The girl had been sexually assaulted by her 34-year-old Tseung Kwan O neighbour. Mr Line sentenced the man to six months in prison on July 3 last year.