Courts / Ireland / Report

Rape victim sent message indicating she would "cancel charges", appeal court hears

Summary

A man convicted of raping his daughter between 2006 and 2010 in County Mayo and abroad has appealed his conviction at the Court of Appeal. The 47-year-old was sentenced to 15 years imprisonment, with the final year suspended, following his conviction at the Central Criminal Court in February 2018. The appeal centres on events after the trial, when the victim visited her father in prison and subsequently sent a Facebook message to his relatives indicating willingness to sign an affidavit and withdraw charges. Defence counsel argued the prison visit undermined her trial evidence that she was in grave danger from him, and claimed she had recanted her testimony. The victim told the court she was manipulated by her father's relatives, who pressured her by stating he was starving himself and would die, placing responsibility on her shoulders. She clarified in a sworn affidavit that she had not recanted her allegations. The Director of Public Prosecutions' counsel argued the victim, a vulnerable person in State care, had been subjected to invidious manipulation. The unnamed 47-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Rape victim sent message indicating she would "cancel charges", appeal court hears. Charges or matters: sexually assaulting and raping his daughter in various ways in Co Mayo and abroad on dates between 2006 and 2010 when she was aged between seven and eleven; all offences and continues to maintain his innocence. Procedural stage: appeal. Findings: Convicted

When:

• 2006 and 2010 Incident
• 2019-01-17 Publication

Why: Under cross-examination from Mr O'Higgins, the woman said she told her father in prison that she would withdraw her statement because she believed he was on his deathbed and would die in prison. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report