Courts / Donegal / Report

Pensioner's abuse conviction is upheld

Date
2019-12-10

Stage
Appeal

Court
Donegal Circuit Criminal Court

Primary locality
Donegal

County
Donegal

Summary

The Court of Appeal has dismissed the appeal of John Barrow, a 74-year-old pensioner from Crolly, Co Donegal, upholding his conviction for abusing a teenage boy. Barrow had denied six counts of indecently assaulting the then 14-year-old victim between August 1989 and September 1990. He was originally found guilty by a jury at Donegal Circuit Criminal Court and sentenced to six years' imprisonment, with the final two years suspended, by Judge Cormac Quinn on June 19, 2017. The defence argued that a directed acquittal should have been granted due to a fundamental inconsistency regarding the victim's age and school year relative to the indictment dates. However, President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice Patrick McCarthy and Mr Justice Brian Murray, held that the trial judge was entitled to leave the case to the jury. The court noted that while the complainant provided inconsistent details about the timing, he never resiled from his core complaint. Supporting evidence included the complainant's description of Barrow's home layout, a retained novel, and evidence related to a shared hobby. The three-judge panel concluded there was no doubt the trial judge acted correctly, thereby dismissing the appeal and maintaining the original conviction and sentence.