Courts / Donegal / Report
Court to watch entirety of victim's evidence after appeal by sex abuser
Summary
The Court of Appeal will review video recordings of a complainant's full evidence in a sexual assault case following an appeal by the convicted man. Fergus Carson, aged 55, of Main Street in Convoy, County Donegal, was convicted by jury in the Central Criminal Court last year of six counts of sexual assault of a girl at a relative's residence between May and September 2012. He received a five-year sentence with the final fifteen months suspended in March 2016. Carson's barrister argued on appeal that fairness and the right to confront the accuser were at issue, contending the complainant became unresponsive during cross-examination when questioned on inconsistencies in her account. The Director of Public Prosecutions' counsel submitted the cross-examination had been conducted professionally and the jury was fully aware of the witness's demeanour throughout. A three-judge panel comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards reserved judgement pending review of the evidence recordings.
Who, what, where, when and why
What: Report matter: Court to watch entirety of victim's evidence after appeal by sex abuser. Procedural stage: appeal. Findings: Convicted
When:
- September 2012 Incident
- March 11, 2016 Incident
- 2017-10-06 Publication
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; Carson was sentenced to five years imprisonment with the final 15 months suspended by Mr Justice Tony Hunt on March 11, 2016.
Places mentioned
Topics
Related court reports
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- Court upholds man's conviction for sexual abuse of 14-year-old girl
- 54-year-old man from small community jailed for abusing 14-year-old girl he knew all her life
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