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Jury should have been warned over alleged collusion, appeal told
Summary
In a Dublin Circuit Criminal Court case, a 46‑year‑old man was convicted of 15 counts of sexually assaulting his niece between 1991 and 1994 and four counts of indecent assault between 1988 and 1991. The jury could not reach verdicts on 20 counts of assault against the niece's sister from 1992 to 1995. Judge Martin Nolan sentenced the defendant to seven years' imprisonment, describing the abuse as "in the most grievous way" and estimating over 100 occasions of abuse. The defendant appealed, arguing that the trial judge failed to warn the jury about the lack of corroborating evidence and the possibility of collusion between the two complainants, who had shared notebooks. The appeal was heard by the Court of Appeal, with the judges reserving judgment. The appeal does not alter the conviction or sentence.
Who, what, where, when and why
What: Report matter: Jury should have been warned over alleged collusion, appeal told. Procedural stage: appeal. Findings: Found guilty
When:
- January 1991 Hearing Or Sentence
- April 1988 Hearing Or Sentence
- September 1992 Hearing Or Sentence
- March 1995 Hearing Or Sentence
- 1991 and 1994 Other
- 2020-10-29 Publication
Case subjects
Appellant
Finding: Found guilty
Outcome: Found guilty; A Dublin man jailed for seven years for sexually abusing his niece "in the most grievous way" has appealed his conviction.; President of the Court of Appeal Mr Justice George Birmingham, sitting with Ms Justice Isobel Kennedy and Mr Justice John Edwards reserved judgment.
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