Courts / Dublin / Report

Convicted child rapist claims tape of garda interviews played to jury had prejudicial words

Date
2015-03-25

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

Clive Dwyer, aged 32, was convicted in 2013 of four counts of sexual assault, three counts of oral rape and one count of anal rape against a seven‑year‑old boy, and sentenced to nine years' imprisonment. In 2015 he appealed, arguing that during the trial the prosecution played a VHS tape of his Garda interviews at an inappropriate time. The tape was stopped prematurely, replayed, and seven words – "I wasn't around kids. I haven't been…" – were heard by the jury. Dwyer's counsel claimed the words were prejudicial, appearing without context and contradicting the memorandums of interview that had been agreed upon by both sides. The prosecution admitted an error but said it did not prejudice the case. The Court of Appeal noted the mistake and reserved its decision for a future hearing. The appeal concerns only the alleged prejudice of the tape, not the conviction itself. Clive Dwyer pleaded not guilty.

Who, what, where, when and why

What: Report matter: Convicted child rapist claims tape of garda interviews played to jury had prejudicial words. Charges or matters: four counts of sexual assault, three counts of oral rape and one count of anal rape committed against a seven-year-old boy in his Kildare home on dates between January 1 1999 and December 31 2002. Procedural stage: appeal. Findings: Found guilty

When:

January 1 1999 Incident
December 31 2002 Incident
January 21 2013 Incident
2015-03-25 Publication

Why: Mr Gageby said the prosecution could not argue that it did not matter because the video was inconsistent with the previously agreed, and edited, memorandums of interview that were presented to the jury. Prosecution account reported by CNI

Case subjects

Clive Dwyer

Appellant

Charges: four counts of sexual assault, three counts of oral rape and one count of anal rape committed against a seven-year-old boy in his Kildare home on dates between January 1 1999 and December 31 2002 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; He was found guilty by a jury and sentenced to nine years imprisonment by Mr Justice George Birmingham on January 21 2013.