Courts / Cork / Report
Salesman convicted of rape argues text messages should not have been admitted
Summary
A 56-year-old travelling salesman has appealed his conviction for rape at the Court of Appeal. The appellant, who maintains his innocence, was sentenced to five years in prison in October 2018 by Mr Justice Paul McDermott after a jury at the Central Criminal Court found him guilty by a majority verdict of raping a 24-year-old mother of one in a camper van in Co Cork on August 2, 2015. The jury was unable to reach a verdict on a separate rape charge from the same date. At the time of the offence, the man was serving a suspended two-year sentence for sexually assaulting a 19-year-old woman in 2011. Counsel for the appellant, Michael Bowman SC, argued that text messages of a sexual nature between the appellant, the victim, and another employee should not have been admitted as evidence. He contended the texts were irrelevant or inadmissible hearsay and that the conviction was perverse given the jury's failure to convict on the other count. Bowman also claimed the trial judge's charge to the jury was inadequate and imbalanced. Opposing the appeal, DPP counsel Alice Fawsitt SC stated the texts were necessary to provide context and noted the appellant had effectively admitted initiating sex while the victim was asleep. The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, reserved their ruling. The matter was adjourned.
Who, what, where, when and why
What: Report matter: Salesman convicted of rape argues text messages should not have been admitted. Procedural stage: appeal. Findings: Found guilty
When:
- October 2018 Incident
- August 2, 2015 Incident
- August 2011 Incident
- 2021-06-21 Publication
Case subjects
Appellant
Finding: Found guilty
Outcome: Found guilty; The appellant, who maintains his innocence, was sentenced to five years in prison in October 2018 by Mr Justice Paul McDermott after a jury at the Central Criminal Court found him guilty by a majority verdict of raping a 24-year-old mother of one in a camper van at a location in Co Cork on August 2, 2015. The man had been serving a suspended two-year jail sentence imposed at the Circuit Criminal Court at the time of the rape offence for sexually assaulting a 19-year-old woman in August 2011.
Places mentioned
- Central Criminal Court
- Circuit Criminal Court
- Court of Appeal
Topics
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