2023-02-24 · Leitrim
Father fails in bid to overturn conviction for abuse of daughter
An unnamed 49-year-old father has failed in his appeal against a conviction for sexually assaulting his young daughter. The appellant, who pleaded not guilty to 15 counts of sexual assault alleged to have occurred in Co Leitrim between 2006 and 2012, was convicted by a jury on a single count of forcing the girl to touch his penis. He was sentenced to four years and 10 months by Judge Francis Comerford at Carrick-on-Shannon Circuit Criminal Court in September 2021. The jury could not reach a verdict on the other 14 charges. In his appeal, the appellant argued that the conviction was unsafe due to inconsistencies in the victim's evidence regarding her age and the timeline of the abuse, as well as an inadequate judicial warning on the lack of corroborative evidence. The three-judge court, led by Ms Justice Úna Ní Raifeartaigh, dismissed the appeal. The court found that while inconsistencies existed, they were not exceptional enough to prevent the matter from going to the jury, noting that the jury's inability to agree on the other 14 counts demonstrated they were aware of contradictory evidence. The court also rejected the argument regarding the corroboration warning, stating it was unusually strong and had not been objected to at trial. The conviction and sentence stand.