Courts / Galway / Report

Victim branding rape defendant a murderer and Russian mafia member made trial unsafe, appeal told

Summary

The Court of Appeal heard an appeal from a 71-year-old Polish national convicted of six counts of rape, including two contrary to common law and four under Section 4 of the Criminal Law (Rape) (Amendment) Act 1990. He had pleaded not guilty but was found guilty at the Central Criminal Court in July 2019. Ms Justice Tara Burns sentenced him to 15 years, stating a life sentence would have been appropriate absent mitigating factors related to his age and health. The appellant argues the trial was unsafe because the complainant alleged during cross-examination that he was a Russian mafia member and had murdered a man in Russia. Counsel for the appellant, Michael Bowman SC, contended these prejudicial claims compromised the fair trial and required the jury to be discharged. Patrick McGrath SC, for the Director of Public Prosecutions, argued the trial judge correctly directed the jury to disregard the irrelevant remarks and that the appeal attempts to reconstruct the case. The judge noted the complainant described the accused as treating her like a slave and sex object between September 2012 and January 2016. The accused has prior convictions for rape in Poland and a three-year sentence for threatening to kill in Ireland. Judgment on the appeal has been reserved.

Who, what, where, when and why

What: Report matter: Victim branding rape defendant a murderer and Russian mafia member made trial unsafe, appeal told. Procedural stage: appeal

When:

• September 2012 Hearing Or Sentence
• January 2016 Hearing Or Sentence
• July 2019 Hearing Or Sentence
• 2022-06-28 Publication

Why: It was of "no consequence" if the accusations were "accidental or deliberate", counsel continued, because afterwards "everything is out in the open" and that his client's right to a fair trial "had been compromised". CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report