Courts / Dublin / Report
Rape conviction quashed after judge's error over 'confession' interview
Summary
A 37‑year‑old man, jailed for repeatedly raping his younger brother, had his conviction quashed by the Court of Appeal after the trial judge erred by not giving reasons for allowing evidence of the man's interviews with Gardaí to be presented to the jury. The man had claimed he was "induced" into confessing during a two‑hour interview, where he admitted to being a "bastard of a brother but not a rapist". The Court of Appeal held the judge was obliged to explain why he allowed the interview evidence, a requirement the judge failed to meet. The conviction was quashed and the State is seeking a retrial. The case involved 10 counts of oral rape, 7 counts of assault causing harm and one count of intimidation, with the jury having found the man guilty on all assault counts and two rape counts. The man was originally sentenced to nine years by Mr Justice Michael White. The unnamed 37-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Rape conviction quashed after judge's error over 'confession' interview. Charges or matters: 10 sample counts of oral rape, contrary to Section 4 of Criminal Law (Rape) Act, against his younger brother at the family home in Dublin between March 28, 2001 and March 27, 2006; seven counts of assault causing harm and one count of production of an article to unlawfully intimidate at the same address during the same period. Procedural stage: appeal
When:
- March 28, 2001 Incident
- March 27, 2006 Incident
- January 22, 2018 Incident
- February 24 Adjournment
- 2022-06-20 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
Convicted Person
Charges: 10 sample counts of oral rape, contrary to Section 4 of Criminal Law (Rape) Act, against his younger brother at the family home in Dublin between March 28, 2001 and March 27, 2006; seven counts of assault causing harm and one count of production of an article to unlawfully intimidate at the same address during the same period (Alleged Or Contested)
Plea: Not guilty
Outcome: A man who was jailed for repeatedly raping his younger brother has had his conviction quashed, after the Court of Appeal found the trial judge erred in failing to give his reasons as to why he was allowing contested evidence of the man's interviews with gardai to go before the jury. The 37-year-old, who cannot be identified for legal reasons, was jailed following a trial at the Central Criminal Court last April.
Places mentioned
- Court of Appeal
- Central Criminal Court
- get out of the garda station
- We view
Topics
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