Courts / Clare / Report
Gardai failed to examine rape scene, man jailed for 12 years argues
Summary
Richard O'Mara, 31, of Tallaght, Dublin, appealed his conviction to the Court of Appeal regarding two counts of rape committed in Co Clare in 2015. O'Mara had previously pleaded not guilty but was found guilty by a Central Criminal Court jury. He was sentenced to 14 years' imprisonment, with the final two years suspended on strict conditions, resulting in an effective custody period of 12 years. The appeal, argued by Michael Delaney SC, contended that the trial should have been halted because Gardaí failed to examine the crime scene at Ballymulcashel, Kilmurry, Sixmilebridge. Defence counsel cited a forensic report suggesting semen could have been detected on a sofa nine months after the incident, arguing this missing evidence deprived O'Mara of a realistic defence. The DPP, represented by Maurice Coffey SC, countered that the appellant had not met the necessary legal test for the absence of evidence to warrant a stay. The court, presided over by President George Birmingham, reserved its judgement. The matter was adjourned pending the decision.
Who, what, where, when and why
What: Report matter: Gardai failed to examine rape scene, man jailed for 12 years argues. Charges or matters: both counts of rape at Ballymulcashel, Kilmurry, Sixmilebridge, Co Clare but was found guilty by a Central Criminal Court jury last year. Procedural stage: appeal. Findings: Found guilty
When:
- October 18th, 2015 Hearing Or Sentence
- 2021-05-18 Publication
Case subjects
Convicted Person
Charges: both counts of rape at Ballymulcashel, Kilmurry, Sixmilebridge, Co Clare but was found guilty by a Central Criminal Court jury last year (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; Richard O'Mara (31), with an address at Walnut Avenue, Kingswood, Tallaght, Dublin was jailed for 12 years for twice raping the teenager on October 18th, 2015. She sentenced O'Mara to 14 years' imprisonment but suspended the final two years on strict conditions.
Places mentioned
- Central Criminal Court
- Court of Appeal
Topics
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