Courts / Ireland / Report

Rapist who treated victim 'like a slave and sex object' fails in bid to overturn conviction

Summary

The Court of Appeal has dismissed the appeal of a 71-year-old Polish national, who was convicted of two counts of rape contrary to common law and four counts of rape under Section 4 of the Criminal Law (Rape) (Amendment) Act 1990. The appellant, who had pleaded not guilty, argued that his trial at the Central Criminal Court was unfair because the complainant alleged during cross-examination that he had Russian mafia links and had murdered a man in Russia. Counsel for the appellant, Michael Bowman SC, contended these prejudicial remarks should have led to the jury's discharge. However, Ms Justice Isobel Kennedy, presiding, found that the trial judge, Ms Justice Tara Burns, did not err in refusing to discharge the jury. The judge noted that the defence failed to make a prompt application for discharge when the prejudicial evidence emerged, instead waiting until after the prosecution's case concluded. The Court of Appeal determined that the trial judge's direction to the jury to disregard the irrelevant material was clear and unambiguous. Consequently, the conviction stands. The appellant had previously been sentenced to imprisonment by Ms Justice Burns, who described the offences as treating the victim like a slave and sex object between September 2012 and January 2016. The Director of Public Prosecutions, represented by Patrick McGrath SC, supported the dismissal, arguing the defence was attempting to reconstruct the trial strategy. The matter was concluded with the appeal failing.

Who, what, where, when and why

What: Report matter: Rapist who treated victim 'like a slave and sex object' fails in bid to overturn conviction. Procedural stage: appeal

When:

• September 2012 Hearing Or Sentence
• January 2016 Hearing Or Sentence
• July 2019 Incident
• 2022-12-20 Publication

Why: It was of "no consequence" if the accusations were "accidental or deliberate", counsel said, because afterwards "everything is out in the open" and that his client's right to a fair trial "had been compromised". CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report