Courts / Ireland / Report
Abuser whose rape conviction was overturned will not face third retrial
Summary
A 73-year-old man from County Mayo will not face a third retrial following a Court of Appeal ruling. His rape conviction, overturned in February 2018, will not be prosecuted again after the Director of Public Prosecutions' application for a retrial was refused. The man had been found guilty at the Central Criminal Court in 2015 of indecent assault and multiple counts of sexual assault and rape of a child between 1990 and 1994, receiving a 13-year sentence with the final five years suspended. The Court of Appeal had set aside the conviction, finding that evidence of the man's previous convictions for abusing the complainant's sisters should not have been presented to the jury due to their prejudicial effect. In refusing the retrial application, Mr Justice Alan Mahon cited the appellant's age and health, the age of the allegations, and the fact this would constitute a third trial on the matter. The unnamed 73-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Abuser whose rape conviction was overturned will not face third retrial. Charges or matters: one count of indecent assault, eight counts of sexual assault and five counts of raping the boy at his home and locations near his home on dates between 1990 and 1994. Procedural stage: appeal
When:
- October 2015 Incident
- 1990 and 1994 Incident
- 2018-06-08 Publication
Why: Overturning the conviction in February, Mr Justice Mahon said the man's previous convictions for abusing the complainant's sisters ought not to have been admitted because of their "overwhelming prejudicial effect". CNI source report
Case subjects
Convicted Person
Charges: one count of indecent assault, eight counts of sexual assault and five counts of raping the boy at his home and locations near his home on dates between 1990 and 1994 (Alleged Or Contested)
Plea: Not guilty
Outcome: He was unanimously found guilty by a jury at the Central Criminal Court and sentenced to 13 years imprisonment with the final five suspended by Mr Justice Tony Hunt in October 2015.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request