Courts / Ireland / Report

Man who raped, defiled and exploited step-daughter has conviction upheld

Summary

The Court of Appeal has upheld the conviction of an unnamed 44-year-old man who was found guilty of sexually abusing his step-daughter. The appellant, who cannot be named to protect the victim's identity, was sentenced to 12 years' imprisonment in January 2019 following a Central Criminal Court trial. A jury found him guilty of 13 counts of rape, three counts of defilement, and one count of sexual exploitation of a child, relating to abuse alleged to have occurred between 2010 and 2017. In his appeal, counsel Donal Colgan SC argued that a voluntary interview given to gardai should not have been admitted, claiming the appellant had poor English and did not understand the role of a solicitor. He also challenged the admission of a statement from the appellant's wife. However, Mr Justice Patrick McCarthy, delivering the judgment for the three-judge panel, rejected these arguments. He noted that the appellant had the benefit of an interpreter, was informed of his right to leave and to legal representation, and that the gardai behaved in an exemplary manner. The court also found that the trial judge correctly exercised discretion in allowing the wife's statement to be read to the jury. The appeal was dismissed, and the original conviction and sentence stand.

Who, what, where, when and why

What: Report matter: Man who raped, defiled and exploited step-daughter has conviction upheld. Procedural stage: appeal. Findings: Found guilty

When:

• January 2019 Hearing Or Sentence
• 2010 until 2017 Incident
• 2021-02-18 Publication

Why: Counsel said his client has very poor English and did not ask for a solicitor to be present during the interview because he didn't understand the role of a solicitor. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report