Courts / Waterford / Report

Woman acquitted of abusing own children despite evidence of lie-detector admissions, appeal hears

Date
2022-03-31
Stage
Appeal
Primary locality
Waterford
County
Waterford

Summary

In March 2022 the Court of Appeal heard that a mother of three had been acquitted of sexually assaulting her children, despite admitting to abuse during a lie‑detector test. The judge had ruled that the admissions made to a forensic psychologist using a polygraph were inadmissible. The DPP now seeks a determination that the judge erred in excluding the evidence and requests the acquittal be quashed and a retrial. Gardai had visited the family home after Europol tipped that child‑abuse images were being uploaded. The children were placed into care following a High Court order. The woman had denied knowledge of the abuse to police but later admitted awareness of her husband's interest in child pornography and his abuse of the children, and that she had also participated.

Who, what, where, when and why

What: Report matter: Woman acquitted of abusing own children despite evidence of lie-detector admissions, appeal hears. Charges or matters: four counts of sexual assault against three boys, contrary to Section 2 of the Criminal Law (Rape) (Amended) Act 1990, and one count of allowing a child in her custody to be assaulted, ill-treated and neglected, contrary to Section 246 (1) and (2) of the Children Act 2001. Procedural stage: appeal. Findings: Acquitted

When:

Why: Michael Durack SC, for the respondent, said his client only agreed to the polygraph interviews because she had a "great desire to see her children" and was told her chances of being reunited with them would improve if she agreed to "take part in the process". CNI source report

Case subjects

Unnamed respondent

Appellant

Charges: four counts of sexual assault against three boys, contrary to Section 2 of the Criminal Law (Rape) (Amended) Act 1990, and one count of allowing a child in her custody to be assaulted, ill-treated and neglected, contrary to Section 246 (1) and (2) of the Children Act 2001 (Alleged Or Contested)

Finding: Acquitted

Outcome: Acquitted

Places mentioned

Court Venue
  • Court of Appeal
  • High Court
  • Clonmel
  • Clonmel Circuit Criminal Court
Secondary Mention

Topics

Stage Appeal

Related court reports

Read the original CNI report

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