Courts / Dublin / Report
Man who waged campaign of violence and rape against brother 'induced' into confessing, appeal told
Summary
A 37‑year‑old man was convicted of a campaign of violence and rape against his younger brother between 2001 and 2006. He pleaded not guilty to ten counts of oral rape, seven counts of assault causing harm and one count of intimidation. A jury found him guilty of all assault counts and two of the rape counts. He was sentenced to nine years for the rapes and five years for the assaults, with both sentences running concurrently. He appealed, arguing that the trial judge erred by not directing the jury to acquit on the remaining eight rape counts and by admitting a memorandum of his interview with Gardaí. The appeal contended that Gardaí had induced him to confess during a two‑hour interview, promising release if he cooperated. The court noted that the interview had no break and that the judge's decision to admit the interview was correct. The judgment was reserved.
Who, what, where, when and why
What: Report matter: Man who waged campaign of violence and rape against brother 'induced' into confessing, appeal told. Procedural stage: appeal
When:
- March 28, 2001 Incident
- March 27, 2006 Incident
- January 22, 2018 Incident
- 2022-02-24 Publication
Why: Ms Leader explained that her case was "essentially" that her client was told by gardai that if he "didn't start talking" and make admissions to the allegations of sexual assault he "would be in custody for a significant period of time". CNI source report
Case subjects
Appellant
Outcome: The accused was sentenced to nine years' imprisonment for the rapes and five years for the assaults by Mr Justice White, who ordered that both sentences were to run concurrently.
Places mentioned
- Court of Appeal
- Central Criminal Court
- get out of the garda station
Topics
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