Courts / Cork / Report

Man acquitted of rape to stand trial again on same charges

Summary

A 46‑year‑old man, previously acquitted of raping and sexually assaulting his niece, will face a retrial on the same charges after the Court of Appeal quashed his acquittal. The original trial, held in Cork, saw the judge direct a jury to acquit after hearing prosecution evidence and noting that the prosecution had failed to call two witnesses who had given statements to the gardai. The Court of Appeal, in a judgment delivered earlier this month, found that the trial judge had erred in halting the trial and directing the jury to acquit. The appeal judge highlighted that the defence's application for an acquittal was based on the prosecution's failure to call the complainant's grandmother and father, who had given statements to the gardai. He described the application as surprising and noted that the defence or the judge could have called those witnesses if they wished.

Who, what, where, when and why

What: Report matter: Man acquitted of rape to stand trial again on same charges. Charges or matters: rape contrary to the Criminal Law (Rape) Act 1990 on a date unknown between May 18, 2001 and March 20, 2006. Procedural stage: appeal

When:

• May 18, 2001 Incident
• March 20, 2006 Incident
• 2020-11-26 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

Related court reports

• Mentally ill man who put fellow psychiatric patient in chokehold to be immediately released into care of UK parents
• 'Alternative dispute resolution': man arranged 'straightener' during which dad-of-seven was stabbed to death
• Brothers who sexually assaulted teenage girls in mid-nineties can now be identified for first time
• ESB worker too late to pursue claim seeking €42k in alleged unpaid overtime
• 'No hand, act or part': Osgur Breatnach's wrongful conviction for Sallins train robbery declared a miscarriage of justice
• Migrant engineer who worked 10-hour days for under minimum wage wins €14k

Read the original CNI report