Courts / Mayo / Report

Case of man jailed for offering boy (13) money for sex has all characteristics of "miscarriage of justice", court told

Date
2018-02-27
Stage
Sentence
Primary locality
Ballyhaunis
County
Mayo

Summary

Thomas Folliard, aged 63, of Church Road, Aughamore, Ballyhaunis, County Mayo, has moved to appeal his conviction for sexual exploitation of a child at the Court of Appeal. He was sentenced to five years imprisonment by Judge Rory McCabe in October 2017 following his conviction at Castlebar Circuit Criminal Court. The charge related to an alleged incident in January 2016 in which Folliard allegedly offered €50 to a 13-year-old boy for sex. His legal representatives argue the case exhibits characteristics of a miscarriage of justice, citing the gardaí's failure to conduct a formal identification parade and the manner in which CCTV footage was presented to the complainant. Counsel for the Director of Public Prosecutions maintained the evidence was compelling and the complainant's account consistent throughout proceedings. The three-judge panel, chaired by Mr Justice George Birmingham, reserved judgment. Thomas Folliard pleaded not guilty.

Who, what, where, when and why

What: Report matter: Case of man jailed for offering boy (13) money for sex has all characteristics of "miscarriage of justice", court told. Charges or matters: sexual exploitation of a child in a Mayo town in January 2016. Procedural stage: sentence. Findings: Found guilty

When:

Why: It was required in light of the difficulties the courts have had in identification cases down through the years because it introduced a "layer of objective fairness". CNI source report

Case subjects

Thomas Folliard

Applicant

Charges: sexual exploitation of a child in a Mayo town in January 2016 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; He was found guilty by a jury at Castlebar Circuit Criminal Court and sentenced to five years imprisonment by Judge Rory McCabe last October.

Places mentioned

Residence
Court Venue

Topics

Stage Sentence

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