Courts / Wicklow / Report
Court rejects rapist's bid to introduce 'new evidence' on phone activity
Summary
The Court of Appeal has dismissed an appeal by a 64-year-old Wicklow man, who was convicted of raping his former partner in 2015. The appellant sought to introduce new forensic evidence regarding digital artefacts on the complainant's phone, specifically activity involving Google Play and Kindle apps at 3.51am, which his legal team argued was incongruous with the alleged assault. Mr Justice Patrick McCarthy, delivering the judgment, rejected the motion, stating it was unclear whether these entries were user-generated or background functions. The court found that the threshold for admitting fresh evidence, which requires exceptional circumstances, was not met, as there was no reason to suppose such records could not have been obtained at trial. The three-judge panel concluded the proposed evidence would not have a decisive influence on the case outcome. The man, who denied the charge, was originally convicted by a jury at the Central Criminal Court. In February 2019, Ms Justice Carmel Stewart sentenced him to seven years' imprisonment, with the final 18 months suspended. The complainant, who read a victim impact statement at sentencing, stated she had forgiven the man for her own peace of mind. The appeal was dismissed, leaving the original conviction and sentence intact.
Who, what, where, when and why
What: Report matter: Court rejects rapist's bid to introduce 'new evidence' on phone activity. Procedural stage: appeal. Findings: Convicted
When:
- November 5, 2015 Hearing Or Sentence
- February 2019 Hearing Or Sentence
- December 4, 2015 Hearing Or Sentence
- 2022-12-09 Publication
Case subjects
Convicted Person
Finding: Convicted
Outcome: Convicted; At the Central Criminal Court in February 2019, Ms Justice Carmel Stewart imposed a seven-year sentence with the final 18 months suspended on the man.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
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