Courts / Donegal / Report
Judge shouldn't have asked question about victim's intoxication, jailed pair argue
Summary
Two men convicted of rape have appealed their convictions at the Court of Appeal, arguing the trial judge erred in questioning a witness about the complainant's level of intoxication. Boakye Osei, formerly of Burnfoot, County Donegal, and Kelvin Opoku, formerly of Letterkenny, County Donegal, were found guilty by jury at the Central Criminal Court and sentenced to nine years imprisonment in March 2020. Their counsel submitted that the judge's direct question regarding the complainant's alcohol consumption was inappropriate in a case where capacity to consent was central to the prosecution case, and that the jury should have been discharged. Defence teams also raised concerns regarding incomplete disclosure of mobile phone material prior to trial and the complainant's use of video-link evidence rather than attending court in person. The Director of Public Prosecutions countered that the judge's question was minor and within judicial discretion, and that the disclosure matter was straightforward. Judgment has been reserved. Boakye Osei pleaded not guilty. Kelvin Opoku pleaded not guilty.
Who, what, where, when and why
What: Report matter: Judge shouldn't have asked question about victim's intoxication, jailed pair argue. Charges or matters: the rape of the woman in February 2015. Procedural stage: appeal
When:
- February 2015 Hearing Or Sentence
- March 2020 Hearing Or Sentence
- 2021-11-25 Publication
Case subjects
Appellant
Charges: the rape of the woman in February 2015 (Alleged Or Contested)
Plea: Not guilty
Outcome: The jury found them guilty, however, and both men, who are originally from Ghana, were sentenced to nine years imprisonment by Mr Justice Alex Owens in March 2020.
Appellant
Charges: the rape of the woman in February 2015 (Alleged Or Contested)
Plea: Not guilty
Outcome: The jury found them guilty, however, and both men, who are originally from Ghana, were sentenced to nine years imprisonment by Mr Justice Alex Owens in March 2020.
Places mentioned
- Court of Appeal
- Central Criminal Court
- Midlands Prison
Topics
Related court reports
- Six years for Algerian national who carried out 'violent predatory' sex attack
- Court upholds conviction of Ghanian men for rape of student
- Ghanian men who raped 'blind drunk' student are jailed for nine years
- Two men guilty of raping "blind drunk" student
- Whereabouts of accused financial advisor unknown, court hears
- Judge wants update from gardai over efforts to locate financial advisor
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request