Courts / Donegal / Report
Conviction for repeated abuse of young boy upheld
Summary
The Court of Appeal has dismissed the appeal of a 53-year-old man, upholding his conviction for the historic sexual abuse of his cousin. The appellant, who pleaded not guilty, was convicted by a jury in July 2019 on 24 counts of indecent assault committed at an address in Co Donegal between April 1, 1984, and January 1, 1990. He was acquitted on charges relating to a second complainant. Judge Melanie Greally originally sentenced him to an effective operating sentence of ten years' imprisonment, comprising four years for offences committed when he was a minor and six years for later offences, ordered to run consecutively. The appellant argued that the trial judge erred by failing to sever the indictment for separate trials, failing to discharge the jury during cross-examination of a defence witness, and failing to provide an appropriately strong corroboration warning. In a written judgment, Mr Justice George Birmingham, joined by Mr Justice John Edwards and Mr Justice Patrick McCarthy, dismissed these grounds. The court found that the trial judge properly dealt with the jury discharge application and that the verdicts indicated the jury heeded the corroboration warning. The judges also upheld the decision not to split the indictment, noting the offences formed a series of similar character. The court concluded there were no doubts about the fairness of the trial or the safety of the verdict.
Who, what, where, when and why
What: Report matter: Conviction for repeated abuse of young boy upheld. Charges or matters: 24 counts of indecent assault of his cousin at an address in Co Donegal, on dates between April 1, 1984 and January 1, 1990. Procedural stage: appeal. Findings: Acquitted
When:
- April 1, 1984 Incident
- January 1, 1990 Incident
- July 2019 Incident
- 2021-10-22 Publication
Case subjects
Appellant
Charges: 24 counts of indecent assault of his cousin at an address in Co Donegal, on dates between April 1, 1984 and January 1, 1990 (Alleged Or Contested)
Plea: Not guilty
Finding: Acquitted
Outcome: Acquitted; A middle-aged man who was jailed for the historic sex abuse of his younger cousin at their grandmother's home in the 1980s has lost his appeal against his conviction. A jury convicted him of all counts following a trial in July 2019 and he was jailed for 10 years by Judge Melanie Greally.
Places mentioned
Topics
Related court reports
- Court upholds former Defence Force member's conviction for raping fellow soldier
- Lawyers 'concerned' over wait for evidence 20 years on from Denis Donaldson murder
- Ex-garda seeks allowance for services to Irish-language communities
- Sliabh Liag murderers appeal convictions
- Six years for Algerian national who carried out 'violent predatory' sex attack
- 'Shame on you' - rapist refuses to accept jury verdict
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request