Courts / Dublin / Report
Girl had no memory of abuse, jailed man tells appeal court
Summary
A 50‑year‑old man was convicted of sexually assaulting a six‑year‑old girl who was a friend of his daughter. He was sentenced to four years' imprisonment by Judge Elma Sheahan, who described the offence as a significant breach of trust. The man appealed, arguing that the girl, who was 11 at the time of trial, had no memory of the abuse. He claimed that during cross‑examination the girl said she had only flashbacks and could not recall the incident. The Court of Appeal noted that the girl's interview with Gardaí was used to refresh her memory and that she could recall details of the day, such as the man being drunk and an iPad on the sofa. The State's counsel said there was no unfairness in the trial and that the evidence was reliable enough for a jury. The court reserved judgment on the appeal. The unnamed man pleaded not guilty.
Who, what, where, when and why
What: Report matter: Girl had no memory of abuse, jailed man tells appeal court. Charges or matters: sexually assaulting the girl when she was visiting his daughter at a Dublin address in October 2016 but was convicted by a Dublin Circuit Criminal Court jury in May of last year. Procedural stage: appeal. Findings: Convicted
When:
- October 2016 Incident
- 2022-11-09 Publication
Why: Mr Kelly said because the girl said she had no memory of the assault, the cross-examination of her evidence was being denied to the accused. CNI source report
Case subjects
Appellant
Charges: sexually assaulting the girl when she was visiting his daughter at a Dublin address in October 2016 but was convicted by a Dublin Circuit Criminal Court jury in May of last year (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; A man who was jailed for sexually assaulting his daughter's six-year-old friend has appealed against his conviction, arguing that the child "had no memory of the abuse" when cross-examined at his trial. The man (50), who cannot be named to protect the identity of a child, was convicted and sentenced to four years' imprisonment by Judge Elma Sheahan for the sexual assault.
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