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Paedophile not prejudiced by 45-year delay in bringing case, court rules

Summary

In a Court of Appeal decision dated 8 December 2017, the court held that a convicted paedophile, aged 83, was not prejudiced by a 45‑year delay before he was tried for raping a niece. The man, whose name is withheld to protect the victim, had been found guilty in 1971 of rape and sexual assault of an 11‑year‑old child in County Clare. He had denied the charges and was sentenced to seven years imprisonment in 2016. He appealed, arguing that the delay had caused prejudice, but the appeal was dismissed. The court noted that the victim's mother, the man's sister, and the victim's siblings were present during the alleged incidents, and that the victim's testimony described two separate assaults, including a rape. The court also considered the death of the man's girlfriend in 2008, who might have been an accomplice, but concluded that her absence did not create a grave prejudice sufficient to halt the trial.

Who, what, where, when and why

What: Report matter: Paedophile not prejudiced by 45-year delay in bringing case, court rules. Procedural stage: appeal. Findings: Found guilty

When:

• August 1971 Incident
• July 11, 2016 Incident
• 2017-12-08 Publication

Why: If she gave evidence in support of the man, she would have been cross examined on the basis that she was denying the bedroom incident because she was a "participant in it, a facilitator, in effect, an accomplice". CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report