Courts / Waterford / Report

Mother cleared of sexually abusing children has acquittal overturned

Date
2022-10-14
Stage
Appeal
Primary locality
Waterford
County
Waterford

Summary

In October 2022 the Court of Appeal quashed the acquittal of a mother of three who had been found not guilty of sexually abusing her children in a 2021 trial. The original acquittal was based on a judge's ruling that admissions made during a polygraph interview with a forensic psychologist were inadmissible. The Director of Public Prosecutions argued that the judge had wrongly excluded compelling evidence. The appeal court, led by Mr Justice George Birmingham, decided that the interviews should be admitted in a retrial on grounds of overall fairness. The woman had admitted to knowing her husband's interest in child pornography, to his abuse of their children, and to her own participation in the abuse. She had also admitted to abusing the children when alone.

Who, what, where, when and why

What: Report matter: Mother cleared of sexually abusing children has acquittal overturned. 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

When:

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)

Places mentioned

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

Topics

Stage Appeal

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