Courts / Louth / Report

Shop owner has conviction for sexually assaulting 13-year-old girl quashed on appeal

Summary

In 2015 a 62‑year‑old shop owner was found guilty of sexually assaulting a 13‑year‑old girl who had been sent to his shop by her mother. The jury convicted him on a single count and Judge Michael O'Shea imposed a wholly suspended three‑year sentence. The conviction was appealed on the basis that the trial judge's ruling on the use of CCTV footage had made the trial unfair. The footage was shown to the jury after the complainant's direct evidence and cross‑examination, and the kitchen area where the alleged offence was said to have taken place was not captured on camera. The appeal court, led by Mr Justice Michael Peart, agreed that the defendant had been denied the opportunity to cross‑examine the complainant with reference to the footage, and set aside the conviction, ordering a retrial to be considered at a later date. The case remains at the appeal stage. The unnamed 13-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Shop owner has conviction for sexually assaulting 13-year-old girl quashed on appeal. Charges or matters: a single count of sexually assaulting the 13-year-old girl in the shop he owned in May 2012. Procedural stage: appeal. Findings: Found guilty

When:

• May 2012 Hearing Or Sentence
• October 22, 2015 Incident
• 2017-12-07 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report