Courts / Clare / Report
Experts offering court opinion on allegations would "radically change" criminal justice system if found proper, Court of Appeal hears
Summary
The Court of Appeal has reserved judgment on a case involving a 47‑year‑old Clare man convicted of sexually assaulting a teenage female relative between 1 and 31 January 2007. He pleaded not guilty to two counts and was found guilty by a jury at Ennis Circuit Criminal Court, receiving an 18‑month sentence on 13 July 2012. His barrister, Giollaíosa Ó Lideadha SC, argued that psychiatric evidence presented by a psychiatrist—who claimed the complainant had been sexually abused and suffered—was opinion evidence, unjustified and inadmissible. He contended that the psychiatrist's remarks effectively asserted the allegations were true, thereby influencing the jury. Ó Lideadha also alleged the trial judge failed to give a corroboration warning and that the psychiatrist's testimony was used as proof rather than corroboration. The Court of Appeal will decide on 10 March, having rejected fresh evidence of a conversation between the complainant and the accused's wife. The case remains pending.
Who, what, where, when and why
What: Report matter: Experts offering court opinion on allegations would "radically change" criminal justice system if found proper, Court of Appeal hears. Charges or matters: two counts of sexual assault committed against a teenaged female member of his family between January 1 2007 and January 31 2007. Procedural stage: appeal. Findings: Found guilty
When:
- January 1 2007 Incident
- January 31 2007 Incident
- July 13 2012 Hearing Or Sentence
- March 10 Hearing Or Sentence
- 2015-02-20 Publication
Why: If the court found that proper, Mr Ó Lideadha said, then the criminal process will be transformed because trials will be "conducted on the basis of experts coming into court, offering opinion on whether or not the accused is guilty". CNI source report
Case subjects
Appellant
Charges: two counts of sexual assault committed against a teenaged female member of his family between January 1 2007 and January 31 2007 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at Ennis Circuit Criminal Court and sentenced to 18 months imprisonment by Judge Seán O'Donnabháin on July 13 2012.; The Court of Appeal has reserved judgment in the case of a Clare man convicted of sexually assaulting a member of his family.
Places mentioned
- Court of Appeal
- Ennis
- Ennis Circuit Criminal Court
Topics
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