Courts / Ireland / Report

Irish courts cannot overturn conviction on basis of "lurking doubt", appeal court finds

Summary

The Court of Appeal ruled it would not interfere with a jury verdict that found a 46‑year‑old man guilty of raping and sexually assaulting his former partners' daughters between 1992 and 1997. The Central Criminal Court jury had convicted him of rape and multiple counts of sexual assault, most involving the youngest sister when she was aged 12‑14. He had denied the charges. He was sentenced to nine years' imprisonment on 28 July 2015. In his appeal, his barrister invoked the UK case Queen v Cooper, arguing that a "lurking doubt" could justify overturning the conviction. Judge John Hedigan rejected that test, stating that concepts such as "lurking doubt" or a "gut feeling" do not apply in Ireland. He found the complainants' evidence credible and dismissed the appeal, affirming the jury's verdict. The sisters had only learned of the abuse in 2010, and formal complaints were made in 2012.

Who, what, where, when and why

What: Report matter: Irish courts cannot overturn conviction on basis of "lurking doubt", appeal court finds. Procedural stage: appeal. Findings: Found guilty

When:

• July 28, 2015 Incident
• 1992 to 1997 Incident
• 2017-10-17 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report