Courts / Kilkenny / Report

Kilkenny man who claimed he was in consensual sexual relationship with young cousin must await appeal fate

Date
2017-10-02

Stage
Appeal

Primary locality
Kilkenny

Summary

A Kilkenny man, whose identity is protected to preserve the anonymity of his now 33-year-old cousin, must await the outcome of an appeal against his conviction for rape and sexual assault of the then 14-year-old. The 49-year-old appellant pleaded not guilty to 35 counts, with the trial judge directing not guilty verdicts on the balance. He was convicted by a Central Criminal Court jury of 15 counts of rape and oral rape and one charge of sexual assault. On February 8, 2016, Ms Justice Isobel Kennedy sentenced him to 10 years imprisonment, with the final year suspended. The appeal, heard by Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Hedigan, was based on alleged new material regarding the timing of the parties' move to a specific property. Defence counsel argued that fresh records indicated the move occurred in mid-1999, after the complainant turned 15, potentially rendering the alleged pre-1999 offences impossible. The prosecution contended the records were unreliable and raised more questions than answers. The court reserved its judgment, meaning the matter was adjourned and not concluded.

Who, what, where, when and why

What: Report matter: Kilkenny man who claimed he was in consensual sexual relationship with young cousin must await appeal fate. Charges or matters: 35 counts, the balance of which were the subject of directed verdicts of not guilty by the trial judge. Procedural stage: appeal. Findings: Convicted

When:

February 8, 2016 Incident
2017-10-02 Publication

Why: The court heard that the high water mark of the prosecution's case was that the relatives lived at that particular address for the final quarter of the complainant's 14th year because the trial judge directed not guilty verdicts in respect of counts related to the first three-quarters of the complainant's 14th year. Court evidence reported by CNI