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Man jailed for sexually assaulting asylum seeker appeals conviction after 'significant' material discovered on her phone

Date
2023-01-19
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

In a Court of Appeal hearing on 19 January 2023, the defence of a 56‑year‑old man jailed for sexually assaulting an asylum seeker argued that new material discovered on the victim's phone could have altered the trial. The victim, who had sought asylum in November 2017 to avoid an arranged marriage, had previously claimed she had not researched immigration or marriage rules before arriving in Ireland. However, her phone records showed searches for immigration, residency, marriage and visa rules in 2016, the year before her arrival. The defence also highlighted searches for sexual topics such as oral sex, AIDS and contraceptives, and messages congratulating her on a ceremony held at a Dublin mosque on 1 December 2017, which the state said were merely potential and not substantive. The court was instructed to reserve judgment on the impact of this new evidence. The case remains at the appeal stage. The unnamed 56-year-old pleaded not guilty and was convicted.

Who, what, where, when and why

What: Report matter: Man jailed for sexually assaulting asylum seeker appeals conviction after 'significant' material discovered on her phone. Charges or matters: three counts of rape, one of sexual assault and one of the attempted rape of the woman in his Dublin home on various occasions over the weekend of December 1 to December 3, 2017. Procedural stage: appeal. Findings: Convicted

When:

Why: He did what he did because he thought he could get away with it. CNI source report

Case subjects

Unnamed 56-year-old

Convicted Person

Charges: three counts of rape, one of sexual assault and one of the attempted rape of the woman in his Dublin home on various occasions over the weekend of December 1 to December 3, 2017 (Proven)

Plea: Not guilty

Finding: Convicted

Outcome: Convicted; Lawyers for a man who was jailed for sexually assaulting an asylum seeker have told the Court of Appeal that new data has been discovered on the woman's phone that could have been used by the defence at the trial. The charges of rape and attempted raped were withdrawn by the State and the defendant was jailed for six years with the final six months suspended for the sexual assault.

Places mentioned

Court Venue
  • Court of Appeal
  • Central Criminal Court
Incident
Secondary Mention

Topics

Stage Appeal

Related court reports

Read the original CNI report

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