Courts / Limerick / Report
Pensioner jailed for seven years has abuse conviction overturned
Summary
In July 2023 the Court of Appeal quashed the conviction of a 73‑year‑old Limerick pensioner who had been sentenced to seven years' imprisonment in 2022 for indecently assaulting his two nieces in the 1980s. The appeal was based on the admission of rebuttal evidence from the first complainant's husband, which the court held was not properly excluded. The judge ruled that the evidence supported the complainant's credibility and that the original trial had erred in its discretion. The appeal covered all three counts of indecent assault, which had been heard together, and the court therefore quashed the entire conviction. The case had involved allegations of sexual assault in the accused's family home, with the first assault alleged to have occurred between May 1986 and October 1987, and the second and third between May 1987 and May 1989. The pensioner had pleaded not guilty to all charges. The Court of Appeal's decision was delivered by Ms Justice Isobel Kennedy.
Who, what, where, when and why
What: Report matter: Pensioner jailed for seven years has abuse conviction overturned. Charges or matters: three indecent assaults against his nieces and was sentenced to seven years imprisonment by Judge Patrick Meghan at Limerick Circuit Criminal Court; all three charges. Procedural stage: appeal. Findings: Convicted
When:
- May 1, 1986 Incident
- October 31, 1987 Incident
- May 25, 1987 Incident
- May 25, 1989 Incident
- 2023-07-21 Publication
Why: In June of last year the now 73-year-old man, who cannot be named in order to protect the identities of the two complainants, was convicted of three indecent assaults against his nieces and was sentenced to seven years imprisonment by Judge Patrick Meghan at Limerick Circuit Criminal Court. CNI source report
Case subjects
Appellant
Charges: three indecent assaults against his nieces and was sentenced to seven years imprisonment by Judge Patrick Meghan at Limerick Circuit Criminal Court; all three charges (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; A Limerick pensioner who was sentenced to seven years in jail for indecently assaulting his two nieces in the 1980s has had his conviction overturned by the Court of Appeal. In June of last year the now 73-year-old man, who cannot be named in order to protect the identities of the two complainants, was convicted of three indecent assaults against his nieces and was sentenced to seven years imprisonment by Judge Patrick Meghan at Limerick Circuit Criminal Court.
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