Courts / Ireland / Report
Serial child abuser prejudiced by delay in rape case, appeal court told
Summary
An 83‑year‑old convicted paedophile, whose name is withheld to protect the victim, appealed his 2016 conviction for raping an 11‑year‑old niece in County Clare in August 1971. He had been found guilty by a Central Criminal Court jury and sentenced to seven years imprisonment by Ms Justice Margaret Heneghan. The appeal argued that the trial judge's refusal to adjourn after the prosecution's case closed caused prejudice due to the delay, as the alleged victim's then‑girlfriend—who had been a key witness—had died in 2008. Mr Delaney SC contended that her absence prevented the defence from challenging the prosecution's narrative and that the judge's instructions to the jury were flawed. Counsel for the Director of Public Prosecutions countered that the deceased witness had left no means of communication and that the evidence did not support a claim of unfairness. The court has reserved judgment.
Who, what, where, when and why
What: Report matter: Serial child abuser prejudiced by delay in rape case, appeal court told. Procedural stage: appeal. Findings: Found guilty
When:
- August 1971 Incident
- July 11, 2016 Incident
- January 1971 Hearing Or Sentence
- December 1973 Hearing Or Sentence
- 2017-10-10 Publication
Case subjects
Appellant
Finding: Found guilty
Outcome: Found guilty; He was sentenced to seven years imprisonment by Ms Justice Margaret Heneghan on July 11, 2016. In 2015, the man was separately jailed for four and a half years after conviction by another Central Criminal Court jury of 11 counts of indecently assaulting one daughter in Clare between January 1971 and December 1973 and a second daughter in 1980.; If it were 2008, and it was unknown that she had died, would the matter have been adjourned generally until she was found, counsel asked. "I suggest not".
Places mentioned
- Central Criminal Court
Topics
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