Courts / Dublin / Report

Court upholds hospital care assistant's conviction for sexual assault

Date
2017-02-20

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

Folajimmy Awode, 32, of Ballinteer House, Tyrellstown, Dublin, was convicted of sexually assaulting a female patient at Mater Private Hospital in November 2013. He pleaded not guilty at the Dublin Circuit Criminal Court, but a jury found him guilty. Judge Patricia Ryan sentenced him to two years' imprisonment, suspending the final six months. Awode appealed, arguing that the trial judge had failed to instruct the jury on the nature and purpose of complaint evidence and had not adequately presented the defence's case. His counsel, Kevin White BL, claimed the defence's argument was that the complainant was mistaken or dreaming and that Awode was entitled to be on the ward. The Director of Public Prosecutions' counsel, Elva Duffy BL, countered that the evidence was used to attack the complainant's credibility. The appeal was dismissed by Mr Justice John Edwards, who noted that the lack of jury instruction on complaint evidence did not render the conviction unsafe.

Who, what, where, when and why

What: Report matter: Court upholds hospital care assistant's conviction for sexual assault. Charges or matters: the sexual assault of a female patient at the Mater Private Hospital, Eccles Street in November 2013. Procedural stage: appeal. Findings: Found guilty

When:

November 2013 Incident
July 21, 2015 Incident
2017-02-20 Publication

Case subjects

Folajimmy Awode

Appellant

Charges: the sexual assault of a female patient at the Mater Private Hospital, Eccles Street in November 2013 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; He was found guilty by a jury and sentenced to two years imprisonment with the final six months suspended by Judge Patricia Ryan on July 21, 2015.