Judge shouldn't have asked question about victim's intoxication, jailed pair argue

Two men convicted of rape have appealed their convictions at the Court of Appeal, arguing the trial judge erred in questioning a witness about the complainant's level of intoxication. Boakye Osei, formerly of Burnfoot, County Donegal, and Kelvin Opoku, formerly of Letterkenny, County Donegal, were found guilty by jury at the Central Criminal Court and sentenced to nine years imprisonment in March 2020. Their counsel submitted that the judge's direct question regarding the complainant's alcohol consumption was inappropriate in a case where capacity to consent was central to the prosecution case, and that the jury should have been discharged. Defence teams also raised concerns regarding incomplete disclosure of mobile phone material prior to trial and the complainant's use of video-link evidence rather than attending court in person. The Director of Public Prosecutions countered that the judge's question was minor and within judicial discretion, and that the disclosure matter was straightforward. Judgment has been reserved.