Courts / Cork / Report

'Hate Dad': diary should have been put to daughter in abuse case, appeal told

Summary

A father has appealed his conviction for the sexual assault of his 19-year-old daughter, which allegedly occurred on Christmas morning in 2018. The appellant, who cannot be named to protect his daughter's identity, was found guilty by a jury at Cork Circuit Court last year. Judge Brian O'Callaghan sentenced him to two years in prison. He had no previous convictions or allegations of sexual assault. His barrister, Sean Guerin SC, argued before the Court of Appeal that the trial judge erred in refusing to allow the defence to put a diary found in the complainant's room to her. The diary contained the words 'Hate Dad', which counsel contended evidenced 'pre-existing malice' and a potential motive for a false allegation. Mr Guerin further submitted that the judge erred in his treatment of corroboration, specifically by failing to warn the jury of the weakness of corroboration based on the complainant's demeanour. He noted she had consumed alcohol and that her upset could be explained by other factors. The DPP's counsel, Imelda Kelly BL, countered that the judge's ruling on the diary was preliminary and that the issue of corroboration was not raised with the trial judge after the charge. The appeal was heard by Court President Mr Justice George Birmingham, presiding with Mr Justice John Edwards and Ms Justice Isobel Kennedy. The matter was adjourned, with the court to deliver its judgement at a later date.

Who, what, where, when and why

What: Report matter: 'Hate Dad': diary should have been put to daughter in abuse case, appeal told. Procedural stage: appeal

When:

• Christmas morning Incident
• 2020-06-15 Publication

Why: The man has argued that the trial judge erred in refusing to permit the defence to put to the complainant a diary found in her room, in which the words 'Hate Dad' were written, in order to show 'pre-existing malice'. Defence account reported by CNI

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report