Courts / Cork / Report

Priest jailed for indecently assaulting schoolboy has conviction quashed on appeal

Summary

In 1979 a retired priest, Tadhg O'Dalaigh, was convicted of indecently assaulting a 16‑year‑old boy at a boarding school in County Cork. He was found guilty by a jury and sentenced to five years, with two years suspended. O'Dalaigh appealed, arguing that the trial judge failed to warn the jury about the danger of convicting without corroborative evidence. The Court of Appeal, in a three‑judge panel, agreed that the judge erred by not giving a corroboration warning in a case lacking corroboration. The appeal was allowed, the conviction was quashed, and the court will consider whether a retrial is appropriate. O'Dalaigh had previously pleaded guilty in 1999 and 2014 to similar offences at the same school, but denied assaulting the complainant in the present case. The case highlighted the importance of jury warnings when evidence is limited. Tadhg O'Dalaigh pleaded not guilty.

Who, what, where, when and why

What: Report matter: Priest jailed for indecently assaulting schoolboy has conviction quashed on appeal. Charges or matters: one count of indecently assaulting a 16-year-old boy at Colaiste Chroi Naofa in Carrignavar, Co Cork on a date unknown in 1979. Procedural stage: appeal. Findings: Found guilty

When:

• December 18, 2014 Hearing Or Sentence
• 2017-05-22 Publication

Why: Mr Justice Mahon said the trial judge's reasoning for not giving a corroboration warning were threefold: Contextualisation was necessary but impossible to achieve because the offence was secretive; It would only serve to confuse the jury and would not be of benefit to the accused. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report