Courts / Cork / Report

Italian man jailed for sexually assaulting young woman after she left nightclub alone loses appeal

Summary

An Italian man, Viorel Postolahce (32), has lost his appeal against a conviction for sexually assaulting a woman at Crosse's Green Quay on July 17, 2012. Postolahce had pleaded not guilty to the charge and was found guilty by a jury at Cork Circuit Criminal Court. He was sentenced to two-and-a-half years imprisonment, with the final year suspended, by Judge David Riordan on November 28, 2014. During the appeal, Postolahce argued that a 'cross-racial identification' parade should have been conducted and that the jury should have been discharged following the victim's evidence. The victim testified that the incident lasted ten seconds and that her car was parked halfway up a road. Mr Justice George Birmingham dismissed the appeal, stating that the victim's description was in everyday language and did not require a specific direction from the trial judge. The judge also noted that no identification parade took place, and the victim did not attempt to identify Postolahce. The appeal was dismissed by Mr Justice Birmingham, who was joined by Mr Justice Garrett Sheehan and Mr Justice John Edwards.

Who, what, where, when and why

What: Report matter: Italian man jailed for sexually assaulting young woman after she left nightclub alone loses appeal. Charges or matters: sexually assaulting a woman at Crosse's Green Quay on July 17 2012. Procedural stage: appeal. Findings: Found guilty

When:

• July 17 2012 Hearing Or Sentence
• November 28 2014 Hearing Or Sentence
• 2015-06-19 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report