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

Summary

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. John Gannon pleaded not guilty.

Who, what, where, when and why

What: Report matter: Paedophile's trial should have been restarted when victim spat at him, lawyers say. Charges or matters: one count of indecent assault, seven counts of sexual assault, five counts of rape and one count of attempted rape of Padraic Hoban at his home and locations near his home on dates between 1990 and 1994; abusing Mr Hoban's sisters. Procedural stage: appeal. Findings: Found guilty

When:

• October 9, 2015 Hearing Or Sentence
• 1990 and 1994 Incident
• 2017-10-19 Publication

Why: He said the witness' "outburst" was a reaction to his account being tested as the accused is entitled to have tested and was done so, he claimed, in order to influence the jury to come to a particular view of the accused. CNI source report

Case subjects

Places mentioned

Topics

Sexual Offences Stage Appeal Violent Crime

Read the original CNI report