Courts / Cork / Report

Google search for 'rape kit accuracy' by accused should not have gone before jury, appeal told

Summary

The Court of Appeal heard an appeal from an unnamed 29-year-old man who pleaded not guilty to one count of rape against a 17-year-old female at an address in Midleton, Co Cork, in August 2017. A jury convicted him at the Central Criminal Court in Cork in September 2020, and he was sentenced to 10 years imprisonment, with the final three years suspended, by Mr Justice Alexander Owens. The appellant argued that the trial judge erred in admitting evidence of his Google searches, including terms like 'rape kit accuracy,' and in excessively intervening during his examination. Counsel for the appellant, Siobhan Lankford SC, contended the searches had limited relevance and prejudiced the jury, while also alleging the judge's interruptions created the effect of two prosecutors. The DPP's counsel, Ray Boland SC, countered that the searches indicated the appellant's state of mind and that juries are robust enough to handle judicial interventions. He noted that while the interruptions were more frequent than usual, the trial was not rendered unfair. The three-judge court reserved its judgement on the appeal.

Who, what, where, when and why

What: Report matter: Google search for 'rape kit accuracy' by accused should not have gone before jury, appeal told. Charges or matters: one count of rape against a 17-year-old female at an address in Midleton, Co Cork, in August 2017. Procedural stage: appeal

When:

• August 2017 Incident
• September 2020 Incident
• 2022-03-10 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report