Courts / Galway / Report
Convicted child abuser has subsequent conviction for sexually abusing his niece quashed
Summary
A 66‑year‑old man, previously imprisoned in the United States for child abuse, had his 1993 conviction for raping his nine‑year‑old niece in Galway quashed on appeal. He had pleaded not guilty to rape, oral rape and three counts of sexual assault. A jury at the Central Criminal Court found him guilty and he was sentenced to eight years' imprisonment, with the final three years suspended by Mr Justice Garrett Sheehan on 21 October 2013. Mr Patrick Gageby SC argued that major inconsistencies existed in the charges and evidence presented at trial. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, agreed that the cumulative effect of these inconsistencies meant the conviction could not stand. The Court of Appeal quashed the conviction without ordering a retrial.
Who, what, where, when and why
What: Report matter: Convicted child abuser has subsequent conviction for sexually abusing his niece quashed. Charges or matters: rape, oral rape and three counts of sexual assault committed against his nine-year-old niece in his native county in the first week of August 1993. Procedural stage: appeal. Findings: Convicted
When:
- August 1993 Incident
- October 21 2013 Hearing Or Sentence
- 2015-07-28 Publication
Case subjects
Appellant
Charges: rape, oral rape and three counts of sexual assault committed against his nine-year-old niece in his native county in the first week of August 1993 (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; He was found guilty by a jury at the Central Criminal Court and sentenced to eight years imprisonment with the final three suspended by Mr Justice Garrett Sheehan on October 21 2013.
Places mentioned
- Central Criminal Court
- Court of Appeal
Topics
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