Paedophile's trial should have been restarted when victim spat at him, lawyers say

A man formerly of Bohea, County Mayo has appealed his conviction for sexual offences committed in the 1990s. John Gannon, aged 73, was found guilty at the Central Criminal Court of indecent assault, sexual assault, rape, and attempted rape following a jury trial. He was sentenced to thirteen years imprisonment, with the final five years suspended, in October 2015. Gannon's legal representatives argued before the Court of Appeal that the trial should have been restarted following an outburst by the complainant during cross-examination, during which the witness spat at the defendant. Counsel submitted the incident was calculated rather than merely emotional and that it constituted an attempt to influence the jury, warranting discharge and retrial. The prosecution contended the trial judge had appropriately cautioned the jury and that no factual basis existed for discharge on emotional grounds alone. The Court of Appeal, comprising three judges, reserved judgement on four grounds of appeal.