Courts / Roscommon / Report

Rape conviction quashed after jury concerned they were photographed, interview issue

Date
2023-07-20
Stage
Appeal
Primary locality
Roscommon
County
Roscommon

Summary

A man's conviction for rape and sexual assault has been quashed by the Court of Appeal following concerns about jury impartiality and the handling of evidence at trial. Stephen Lynch, with an address in Offaly, was convicted in May 2021 at the Central Criminal Court of raping his then partner's sister, aged 15, at a property in Athlone, County Roscommon, in October 2015. He was also convicted of sexual assault and assault causing harm relating to incidents in December 2015. He had pleaded not guilty to all charges. The appeal court heard that jurors reported concerns they had been photographed in the car park outside court, though a phone retrieved by gardaĆ­ contained no images. The trial judge declined to discharge the jury after they indicated the matter had been resolved. Ms Justice Isobel Kennedy stated the court harboured disquiet that no proper inquiry was conducted into what had occurred or how it was resolved.

Who, what, where, when and why

What: Report matter: Rape conviction quashed after jury concerned they were photographed, interview issue. Charges or matters: all charges. Procedural stage: appeal. Findings: Convicted

When:

Why: "The real concern is that because no inquiry was made, everyone is left in the dark, including this court, requiring us to venture into the speculative realm. CNI source report

Case subjects

Stephen Lynch

Applicant

Charges: all charges (Proven)

Plea: Not guilty

Finding: Convicted

Outcome: Convicted

Places mentioned

Court Venue
  • Court of Appeal
  • Central Criminal Court
Residence

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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