Judge failed to highlight differences between cases of rape accused, lawyers say

The Court of Appeal heard submissions today in appeals against conviction and sentence brought by two men in their twenties, convicted of rape offences committed at an address in County Leitrim in 2017. The first man had pleaded guilty to rape; his co-accused pleaded not guilty to oral rape of the same woman. Both were convicted by jury at the Central Criminal Court in November 2019 and sentenced to seven years imprisonment by Ms Justice Eileen Creedon. On appeal, counsel for the first appellant argued the trial judge failed to adequately distinguish between the two cases in her charge to the jury and did not provide sufficient corroboration warning. The second appellant's counsel contended the judge erred in refusing an acquittal application, citing alleged failures in evidence preservation by gardaí. The Director of Public Prosecutions submitted the jury was clearly directed to consider the cases separately and properly rejected the defence submissions. Judgment has been reserved.