Courts / Offaly / Report

Juror "smile and winked" at complainant during trial, rapist's lawyers claim

Summary

In a 2018 Court of Appeal hearing, the lawyers for Kevin Carroll, a drama teacher convicted of raping a seven‑year‑old student, argued that a juror had "smiled and winked" at the complainant during his trial. Carroll, aged 58, had pleaded not guilty to rape and anal rape at an Offaly school between 1996 and 1998, was found guilty by a jury at the Central Criminal Court, and sentenced to 10 years' imprisonment in February 2016. His barrister, Roderick O'Hanlon SC, claimed the trial judge should have discharged the jury when a witness gave hearsay evidence that Carroll had "looked up the skirts of girls," and that the judge should have examined the jury after the alleged gesture. The Court of Appeal, with Judges John Hedigan, Marie Baker, and George Birmingham, reserved judgment on the appeal. The appeal was lodged on grounds including alleged prejudice and the juror's alleged gesture.

Who, what, where, when and why

What: Report matter: Juror "smile and winked" at complainant during trial, rapist's lawyers claim. Charges or matters: rape and anal rape at the Offaly school on a date between 1996 and 1998 when the girl was between six and eight. Procedural stage: appeal. Findings: Convicted

When:

• February 26, 2016 Hearing Or Sentence
• 1996 and 1998 Incident
• 2018-07-20 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report