Courts / Waterford / Report
Man has conviction for abusing daughter quashed over barrister's error
Summary
In Waterford Circuit Criminal Court, a man was found guilty of sexually assaulting his daughter on 30‑31 January 2015 and sentenced to three years' imprisonment, with the final year suspended. The conviction was based on the prosecution's reliance on the complainant's uncorroborated evidence, including statements from her mother and step‑father that the father had touched her in the private parts. The man's barrister, in her closing speech, mistakenly reported that the mother's evidence was that the father had merely tried to touch her, whereas the mother's actual testimony was that he had touched her. The trial judge deemed the error serious and significant, refused to allow the barrister to correct it, and the Court of Appeal quashed the conviction, holding that the judge should have permitted the correction. The Court will consider whether a retrial is appropriate later. The unnamed man pleaded not guilty.
Who, what, where, when and why
What: Report matter: Man has conviction for abusing daughter quashed over barrister's error. Charges or matters: two counts of sexually assaulting his daughter in the south-east of the country on January 30 and 31, 2015. Procedural stage: appeal. Findings: Found guilty
When:
- January 30 Hearing Or Sentence
- December 12, 2016 Hearing Or Sentence
- 2019-03-07 Publication
Why: He said the trial judge fell into error by refusing the application because of the seriousness and significance of the error and the place it had taken in the defence case. Defence account reported by CNI
Case subjects
Convicted Person
Charges: two counts of sexually assaulting his daughter in the south-east of the country on January 30 and 31, 2015 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at Waterford Circuit Criminal Court and sentenced to three years imprisonment with the final year suspended by Judge Eugene O'Kelly on December 12, 2016.
Places mentioned
- Waterford
- Waterford Circuit Criminal Court
- Court of Appeal
Topics
Related court reports
- Mentally ill man who put fellow psychiatric patient in chokehold to be immediately released into care of UK parents
- Former Christian Brothers accused of breach of duty to be named in national newspaper
- Murderer claims reference to Conor McGregor brought 'toxic masculinity' baggage
- Combined 15-year sentence for violent rape and abuse is upheld
- High Court to consider publishing names of 340 former Christian Brothers
- Disability charity boss wins record €323k for 'egregious' whistleblower penalisation
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request