Man has indecent assault conviction quashed on first appeal under Supreme Court judgement

A man's indecent assault conviction has been quashed by the Court of Criminal Appeal in the first case decided under a recent Supreme Court ruling on suspect interrogation rights. The man, now aged 45, had been sentenced to two years imprisonment in April 2012 after conviction on two counts by jury at Naas Circuit Criminal Court. The alleged offences dated to December 1986 and 1987 in County Kildare. The applicant's counsel argued that a garda interview conducted before the man received legal advice breached his constitutional rights, citing the Supreme Court's March 2014 decision in DPP v Gormley, which established that suspects requesting a solicitor cannot be questioned until receiving legal advice. Presiding judge Mr Justice John MacMenamin found the case fell squarely within Gormley's principles. He noted the applicant's solicitor was en route to the station when questioning proceeded, and determined the interview material was inadmissible. The court allowed the appeal and declined to order a retrial, given the applicant had already served his sentence.