Courts / Dublin / Report

Childminder jailed for abusing boy (7) has conviction overturned on appeal

Date
2023-03-29

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

In March 2023 the Court of Appeal quashed the conviction of 55‑year‑old Martin Begley, who had been jailed for five years for sexually assaulting a seven‑year‑old boy between 2019 and 2020. The appeal was based on contradictory evidence from the child, who during cross‑examination repeatedly answered "no" to questions about alleged sexualised behaviour. The Court found that the trial judge erred by refusing the defence's application to withdraw the case on the basis of the child's inconsistent testimony. The Court noted that the child's answers, combined with the lack of clear recollection, fell into an exceptional category that warranted a quash of the conviction. The appeal did not address any other charges or outcomes, and the conviction was overturned without a new trial or sentencing order.

Who, what, where, when and why

What: Report matter: Childminder jailed for abusing boy (7) has conviction overturned on appeal. Procedural stage: appeal. Findings: Found guilty

When:

December 2019 Incident
April 2020 Incident
March 2020 Hearing Or Sentence
2019 and 2020 Incident
2023-03-29 Publication

Why: At the trial, the defence applied to have the case withdrawn because of the contradictory evidence given by the child but the application was refused by Judge Elma Sheahan. Defence account reported by CNI