Courts / Tipperary / Report

Abuser's 'no comment' answers should not have gone to jury, appeal told

Summary

A 53‑year‑old man appealed his convictions for indecent assault on his younger sisters in the 1980s, arguing that the judge allowed his 'no comment' answers to Gardaí to be presented to the jury. He had pleaded not guilty to five counts against one sister aged 11 or 12 when he was 14 or 15, and denied one count against another sister aged 12 or 13 when he was 18 or 19. The trial, held before the Circuit Criminal Court in Tipperary last June, resulted in a guilty verdict and a sentence of five and a half years, with the final two years suspended. In the appeal, his barrister, Colman Cody SC, claimed the judge erred by admitting the 'no comment' answers, which he said prejudiced the defendant and violated his right to silence. He also argued the sentence failed to give sufficient weight to the defendant's age and good character. The unnamed 53-year-old was found guilty.

Who, what, where, when and why

What: Report matter: Abuser's 'no comment' answers should not have gone to jury, appeal told. Charges or matters: five counts against one sister, aged 11 or 12, when he was 14 or 15. Procedural stage: appeal. Findings: Found guilty

When:

• 2020-05-28 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report