Courts / Cork / Report

Priest who had appeal against indecent assault conviction funded by Church is awarded legal costs

Summary

A 73‑year‑old retired priest, Tadhg O'Dalaigh, whose conviction for indecently assaulting a schoolboy in the 1970s was quashed, has been awarded legal costs for his successful appeal. The Catholic Church had funded his legal representation, a fact that the Director of Public Prosecutions' counsel argued should preclude a costs award because O'Dalaigh was not out of pocket. The Court of Appeal quashed the conviction after the trial judge failed to warn the jury about the dangers of convicting without corroboration. The three‑judge court also refused a retrial, citing the defendant's full sentence, the case's antiquity and his age. Justice Alan Mahon ruled that awarding costs was appropriate, noting that O'Dalaigh had not benefited from state‑funded legal aid and that no blame could be attributed to him for the alleged offence. The decision was made without any application to recover the costs of the original Circuit Court trial. Tadhg O'Dalaigh pleaded guilty.

Who, what, where, when and why

What: Report matter: Priest who had appeal against indecent assault conviction funded by Church is awarded legal costs. Procedural stage: appeal

When:

• December 18, 2014 Incident
• 2017-06-01 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Related court reports

• Church funded legal costs of retired priest's appeal
• Priest jailed for indecently assaulting schoolboy has conviction quashed on appeal
• Priest appeals conviction for indecent assault of schoolboy

Read the original CNI report