Courts / Wexford / Report

Paedophile fails in bid to overturn conviction for raping girlfriend's sister

Date
2022-07-11
Stage
Appeal
Primary locality
Wexford
County
Wexford

Summary

Kenneth McDonald, 56, of Wexford, was convicted of raping his then‑girlfriend's seven‑year‑old sister 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, claiming the trial judge, Mr Justice Owens, interrupted the cross‑examination of the complainant over 200 times and denied a corroboration warning. The Court of Appeal, led by Ms Justice Isobel Kennedy, rejected the appeal, stating the judge's interventions were to clarify questions and were not unfair. The court also noted that the judge exercised discretion in refusing a corroboration warning appropriately. McDonald's appeal was dismissed, leaving his conviction and sentence intact. Kenneth McDonald pleaded not guilty.

Who, what, where, when and why

What: Report matter: Paedophile fails in bid to overturn conviction for raping girlfriend's sister. 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:

Why: At the Court of Appeal today, Ms Justice Isobel Kennedy – sitting with Mr Justice John Edwards, presiding, and Mr Justice Patrick McCarthy, said the trial judge had intervened in proceedings "in order to clarify questions, either of the judge's own volition or where the witness indicated she did not understand the question asked or where counsel asked several questions rolled into a single question, or in order to ensure questions were posed with accuracy". CNI source report

Case subjects

Kenneth McDonald

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. At the sentence hearing in October 2019, 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.

Places mentioned

Residence
Incident
Court Venue
  • Central Criminal Court
  • Court of Appeal

Topics

Stage Appeal

Related court reports

Read the original CNI report

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