Courts / Cork / Report
Court quashes father's conviction for sexually assaulting daughter
Summary
In 2020, the Court of Appeal quashed the conviction of a father who had been found guilty of sexually assaulting his 19‑year‑old daughter on Christmas morning in 2017. The appeal argued that the trial judge erred by refusing to allow the defence to cross‑examine the complainant about a diary in her room that contained the words "Hate Dad," which the defence claimed showed pre‑existing malice and could explain a false allegation. The defence also challenged the judge's handling of corroboration evidence, including the complainant's wet socks and her state after drinking wine. The Court of Appeal, citing a combination of concerns about the diary issue and corroboration, declared the trial unfair and ordered a retrial, granting the appellant bail with conditions that he have no contact with the complainant or other witnesses. The conviction was therefore overturned and the case was set for a new trial.
Who, what, where, when and why
What: Report matter: Court quashes father's conviction for sexually assaulting daughter. Procedural stage: appeal
When:
- May 24, 2019 Incident
- Christmas morning Other
- 2020-07-31 Publication
Why: The man's barrister, Sean Guerin SC, had argued before the Court of Appeal that the trial judge had erred in refusing to permit the defence to cross-examine the complainant in respect of the contents of 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
Places mentioned
- Court of Appeal
- Cork
- Cork Circuit Court
Topics
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