Court archive
Court reports mentioning Carrignavar, Cork
2017-06-01 · Cork
A 73‑year‑old retired priest, Tadhg O'Dalaigh, whose conviction for indecently assaulting a schoolboy in the 1970s was quashed, has been awarded legal costs for his successful appeal. The Catholic Church had funded his legal representation, a fact that the Director of Public Prosecutions' counsel argued should preclude a costs award because O'Dalaigh was not out of pocket. The Court of Appeal quashed the conviction after the trial judge failed to warn the jury about the dangers of convicting without corroboration. The three‑judge court also refused a retrial, citing the defendant's full sentence, the case's antiquity and his age. Justice Alan Mahon ruled that awarding costs was appropriate, noting that O'Dalaigh had not benefited from state‑funded legal aid and that no blame could be attributed to him for the alleged offence. The decision was made without any application to recover the costs of the original Circuit Court trial. Tadhg O'Dalaigh pleaded guilty.
2017-05-26 · Louth
The Catholic Church paid for the legal representation of retired priest Tadhg O'Dalaigh, who successfully appealed a conviction for indecently assaulting a schoolboy in the 1970s. O'Dalaigh, aged 73, had been found guilty by a jury and sentenced to five years' imprisonment, with the final two years suspended by Judge Donagh McDonagh on 18 December 2014. He had already served the full term when the Court of Appeal quashed his conviction on Monday, citing the trial judge's failure to warn the jury about the dangers of convicting without corroboration. The Court also refused the Director of Public Prosecutions' application for a retrial, deciding it would not be in the interests of justice to order one for someone who had served the sentence. Counsel for O'Dalaigh, Patrick Gageby SC, applied for legal costs for the appeal, arguing that the source of the funding was irrelevant.
2017-05-22 · Cork
In 1979 a retired priest, Tadhg O'Dalaigh, was convicted of indecently assaulting a 16‑year‑old boy at a boarding school in County Cork. He was found guilty by a jury and sentenced to five years, with two years suspended. O'Dalaigh appealed, arguing that the trial judge failed to warn the jury about the danger of convicting without corroborative evidence. The Court of Appeal, in a three‑judge panel, agreed that the judge erred by not giving a corroboration warning in a case lacking corroboration. The appeal was allowed, the conviction was quashed, and the court will consider whether a retrial is appropriate. O'Dalaigh had previously pleaded guilty in 1999 and 2014 to similar offences at the same school, but denied assaulting the complainant in the present case. The case highlighted the importance of jury warnings when evidence is limited. Tadhg O'Dalaigh pleaded not guilty.
2017-03-24 · Cork
A retired priest, Tadhg O'Dalaigh, aged 73, is awaiting the result of an appeal against his conviction for indecently assaulting a 16‑year‑old boy at Coláiste Chroi Naofa in Carrignavar, County Cork, in 1979. He pleaded not guilty at the Cork Circuit Criminal Court and was found guilty by a jury, receiving a five‑year sentence with the final two years suspended by Judge Donagh McDonagh on 18 December 2014. O'Dalaigh's appeal, filed today, argues that the trial judge erred by refusing to give the jury a corroboration warning, claiming it would be dangerous to convict without corroboration. His barrister, Patrick Gageby SC, described the case as a classic "one person's word against the other" scenario, noting the incident was a one‑off event in a secluded location. Counsel for the Director of Public Prosecutions, Garrett McCormack BL, maintained that the judge's discretion was exercised correctly and that no legal error occurred.