Courts / Louth / Report
Shopkeep to face retrial for sexually assaulting customer (13)
Summary
In 2015, a 63‑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 to buy a household item. The jury convicted him on a single count and Judge Michael O'Shea imposed a wholly suspended three‑year sentence. The conviction was later successfully appealed on the basis that the trial judge's ruling on the timing of the CCTV footage was unfair. The Court of Appeal has now directed a retrial, following an application by the Director of Public Prosecutions. The unnamed 13-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Shopkeep to face retrial for sexually assaulting customer (13). 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
- 2018-02-19 Publication
Why: Mr Justice Michael Peart, who sat with Mr Justice George Birmingham and Mr Justice Alan Mahon, said the reason for setting aside the conviction was capable of being remedied on a retrial and there was no basis for refusing the DPP's request. CNI source report
Case subjects
Appellant
Charges: a single count of sexually assaulting the 13-year-old girl in the shop he owned in May 2012 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury and was given a wholly suspended three-year sentence by Judge Michael O'Shea on October 22, 2015.
Places mentioned
- Dundalk
- Dundalk Circuit Criminal Court
- Court of Appeal
Topics
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