Courts / Wexford / Report
Child rapist claims trial was unfair due to 'more than 200' interventions by trial judge
Summary
Kenneth McDonald, 56, of Wexford, was convicted of raping and indecently assaulting a seven‑year‑old girl, the sister of his former girlfriend, between 1987 and 1994. A jury found him guilty at the Central Criminal Court and he received a seven‑year sentence in October 2019. McDonald appealed, arguing that the trial judge, Mr Justice Alex Owens, interrupted the cross‑examination of the complainant more than 200 times, preventing a fair trial. He also claimed the judge failed to give a corroboration warning to the jury. The Court of Appeal heard that the judge's interventions were largely innocuous, such as asking witnesses to repeat statements. The appeal was reserved. The victim, who waived anonymity, described lasting trauma, stating her childhood and adult life were devastated by the abuse. The court heard details of the assaults, including the first incident in summer when the victim was in primary school, and subsequent attacks when she was 10, 13, and 14. Kenneth McDonald pleaded not guilty.
Who, what, where, when and why
What: Report matter: Child rapist claims trial was unfair due to 'more than 200' interventions by trial judge. Charges or matters: the rape and indecent assault of the girl at locations in Co Wexford on dates between January 1987 and November 1994. Procedural stage: appeal
When:
- January 1987 Incident
- November 1994 Incident
- October 2019 Incident
- 2022-03-22 Publication
Why: "A number of the interventions were completely innocuous and were simply the trial judge asking the witness to repeat what she said because he hadn't heard her clearly," Mr Delaney added. CNI source report
Case subjects
Appellant
Charges: the rape and indecent assault of the girl at locations in Co Wexford on dates between January 1987 and November 1994 (Alleged Or Contested)
Plea: Not guilty
Outcome: However a jury found him guilty following a trial at the Central Criminal Court and in October 2019 he was sentenced to seven years' imprisonment by Mr Justice Alex Owens. Responding to the defence submission, Mr Justice John Edwards, presiding, said: "If you felt your client wasn't getting a fair trial, then the time to get on your feet and protest was at the trial." At the sentence hearing, Mr Justice Owens said that it was clear from the evidence that McDonald had "a paedophilic sexual interest" in the victim which had left her terrified.
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