Courts / Dublin / Report

Victim "appalled" after grandfather's rape conviction is quashed over dementia

Date
2019-07-22

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

A 75‑year‑old man, Christopher Redmond of Finglas, had his 2018 conviction for raping his granddaughter quashed after a new medical report found he suffered from a severe form of dementia with no prospect of recovery. The Court of Appeal considered that the earlier report, which had only noted a mild cognitive impairment, did not raise any doubt about his fitness to stand trial at the time of the original trial. Redmond had pleaded not guilty to four counts of rape and five counts of sexual assault between 2002 and 2004. He was sentenced to five years' imprisonment by Ms Justice Úna Ní Raifeartaigh, who had reduced the headline sentence because of his progressive cognitive impairments. The appeal was allowed, and no further order was made. The victim, Leanne Murphy, aged seven to nine when abused, expressed her shock and disappointment with the outcome.

Who, what, where, when and why

What: Report matter: Victim "appalled" after grandfather's rape conviction is quashed over dementia. Charges or matters: four counts of rape and five counts of sexually assaulting his granddaughter at the Tolka Valley pitch and putt club, where Redmond worked, in Finglas on dates between January 2002 and May 2004. Procedural stage: appeal. Findings: Found guilty

When:

January 2002 Hearing Or Sentence
May 2004 Hearing Or Sentence
April 27, 2018 Hearing Or Sentence
April 2018 Hearing Or Sentence
2019-07-22 Publication

Why: No referral was made to the Central Mental Hospital because the court itself had not made any determination. CNI source report

Case subjects

Christopher Redmond

Appellant

Charges: four counts of rape and five counts of sexually assaulting his granddaughter at the Tolka Valley pitch and putt club, where Redmond worked, in Finglas on dates between January 2002 and May 2004 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Sentencing Redmond to five years imprisonment in April 2018, Ms Justice Ní Raifeartaigh had applied a reduction to the headline sentence on account of his progressive cognitive impairments.; A motion to adduce the report as new evidence was adjourned in April to allow both sides make further enquiries.

Leanne Murphy

Defendant

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; A motion to adduce the report as new evidence was adjourned in April to allow both sides make further enquiries.