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Rapist (81) fails in appeal against conviction for abuse of wife's sisters

Summary

The Court of Appeal has dismissed an appeal by an 81-year-old man against his convictions for raping his wife's sister and indecently assaulting another. The appellant, who cannot be named to protect victims' identities, argued that the passage of time prevented him from mounting a proper defence. He was convicted in 2015 of eight counts of indecent assault against his partner's youngest sister, aged 10 to 13, between 1971 and 1974. In a separate trial, he was convicted of ten counts of indecent assault and three counts of rape against another of his wife's sisters, aged 11 at the start, from 1969 to 1974. In December 2015, he was sentenced to two years for indecent assault and 13 years for rape, with the final three years of the rape sentence suspended. The sentences run concurrently. Defence counsel Michael Bowman SC argued the trial judge should have directed a not guilty verdict due to the inability to counter the complainant's assertions after such a delay. He also contended that amendments to the complainant's interview memo unfairly prevented the appellant from highlighting inconsistencies. The Director of Public Prosecutions, represented by Kerida Naidoo, countered that the delay did not prejudice the appellant and that the memo amendment corrected a garda error without causing unfairness. Mr Justice Patrick McCarthy, sitting with Mr Justice Seamus Woulfe and President Mr Justice George Birmingham, dismissed the appeal in an ex tempore judgment. The appellant had denied all accusations, which were proven by unanimous jury verdicts at the Central and Circuit Criminal Courts.

Who, what, where, when and why

What: Report matter: Rapist (81) fails in appeal against conviction for abuse of wife's sisters. Charges or matters: eight counts of indecent assault against his partner's youngest sister from 1971 to 1974 when she was aged 10 to 13; ten counts of indecently assaulting and three counts of raping another of his wife's sisters from 1969 to 1974. Procedural stage: appeal. Findings: Convicted

When:

• December 2015 Incident
• 1969 to 1974 Incident
• 1971 to 1974 Incident
• 2021-03-09 Publication

Why: Lawyers for the appellant, who cannot be named to protect his victims' identities, said he was not able to put up a proper defence because of the time that has passed since the allegations. Defence account reported by CNI

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report