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Two men from County Longford have had their convictions upheld following the rejection of their appeals at the Court of Appeal in December 2023. Karl Reilly of Carrickboy and Patrick McLoughlin of Moydow were convicted of rape and sexual assault respectively for an incident involving a woman in Galway city centre in August 2017. Reilly received a seven-year sentence with eighteen months suspended, while McLoughlin was sentenced to five years with the same suspension period. Both men, who maintained their not guilty pleas throughout trial, appealed on two principal grounds. Their legal representatives argued that an erroneous timestamp discovered on mobile phone evidence after defence cross-examination had been completed materially prejudiced their trial preparation and defence strategy. They also contended that their trials should have been heard separately, citing inconsistencies in the accounts each man had provided to gardaí. Presiding Judge George Birmingham dismissed both grounds of appeal in their entirety. The court found that while the phone evidence timestamp discrepancy was regrettable, it did not cause irreparable damage to the proceedings. The judge indicated the issue could have been adequately addressed through further cross-examination or closing submissions. On the question of trial severance, the court noted that differences between the defendants' statements to gardaí were relatively minor and that joint trials routinely proceed in cases where potential defence difficulties are substantially greater. At the time of sentencing, Justice Mary Ellen Ring had emphasised the critical importance of understanding that consent can be withdrawn at any stage of sexual contact. The victim provided an impact statement describing the lasting trauma she had experienced as a result of the offences. The Court of Appeal's decision concludes the appellate process for both men, with their convictions and sentences now final.

Source: Courts News Ireland This page is a localnews.ie summary and index entry; the full original report may require a publisher subscription.
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