Courts / Donegal / Report

Abuser's appeal over alleged jury pressure during bad weather is dismissed

Summary

A man convicted of indecently assaulting a young teenager in 1980 has had his appeal dismissed by the Court of Appeal. Patrick Patton, aged 65, of Cashelard, Ballyshannon, County Donegal, was sentenced to fourteen months imprisonment in April 2019 following a trial at Donegal Circuit Criminal Court. A jury returned a ten-to-two majority guilty verdict on one count of indecent assault against a fourteen-year-old girl, while unanimously acquitting him on two further counts involving another young female. Patton's legal team argued the jury had been pressured into their guilty verdict due to adverse weather conditions and the late Friday timing of deliberations. They contended the jury, observed returning with coats on, had been influenced by the judge's instruction to persevere on the disputed count. President of the Court of Appeal Mr Justice George Birmingham found little merit in these submissions, noting either party could have raised concerns about the timing or sought adjournment. The court upheld the conviction, finding the judge's instructions fair and the procedure appropriate. Patrick Patton pleaded not guilty.

Who, what, where, when and why

What: Report matter: Abuser's appeal over alleged jury pressure during bad weather is dismissed. Charges or matters: two counts of indecently assaulting the girl in his home in July 1980; a third count of indecently assaulting another young female between June 1981 and August 1982. Procedural stage: appeal

When:

• July 1980 Other
• June 1981 Hearing Or Sentence
• August 1982 Hearing Or Sentence
• April 4, 2019 Hearing Or Sentence
• 2019-07-03 Publication

Why: Lawyers for Patrick Patton (65), of Cashelard, Ballyshannon, claimed the Donegal jury that convicted him of indecently assaulting the then 14-year-old girl, were "pressured" into returning a guilty verdict because it was Friday evening and weather warnings were in place. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report