Courts / Ireland / Report
Pensioner jailed for sex assault refused bail pending appeal
2014-10-20
Appeal
Summary
A 68‑year‑old man, Pat O'Malley, was convicted of sexual assault and sentenced to five years' imprisonment. He has appealed on the basis that the trial judge failed to protect his right to silence. The appeal argues that the prosecution's key witness and first complainant made "unwarranted and inappropriate comments" to jurors during the trial. Mr O'Malley's counsel, Patrick McGrath SC, contended that the witness's statements about the victim running to the accused were incorrect and that the judge should have discharged the jury immediately. The DPP's counsel, Paul Murray BL, countered that the witness's testimony was detailed and that the comments were specific to a particular question. The Court of Criminal Appeal refused bail pending the appeal, noting the importance of the accused's right to silence but finding the argument insufficient. The court also recommended an early hearing date due to Mr O'Malley's age and medical difficulties.
Who, what, where, when and why
What: Report matter: Pensioner jailed for sex assault refused bail pending appeal. Charges or matters: sexual assault in a trial earlier this year and sentenced to five years imprisonment. Procedural stage: appeal. Findings: Found guilty
When:
- 2014-10-20 Publication
Case subjects
Appellant
Charges: sexual assault in a trial earlier this year and sentenced to five years imprisonment (Proven)
Finding: Found guilty
Outcome: Found guilty; Pat O'Malley, whose address cannot be published, was found guilty of sexual assault in a trial earlier this year and sentenced to five years imprisonment.
Topics
Sexual Offences Stage Appeal Violent Crime
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