Courts / Kildare / Report

Ex-soldier fails in bid to overturn conviction for 'cynical and cold campaign of rape'

Date
2023-07-25

Stage
Appeal

Primary locality
Newbridge

County
Kildare

Summary

Niall Kennedy, a former soldier from Newbridge, Co Kildare, has lost his appeal against his conviction for rape and harassment. In December 2021, a jury at the Central Criminal Court convicted Kennedy of 12 counts of rape on eleven occasions in August 2017, as well as multiple counts of harassment and threats to kill or cause serious harm. The trial judge described the conduct as a "cynical and cold campaign of rape and harassment" and imposed a sentence of 12 years, with the final two years suspended for five years on strict conditions. Kennedy, who denied the charges, argued on appeal that the trial judge should have issued a corroboration warning to the jury regarding the complainant's evidence, citing alleged inconsistencies in her testimony. He also contended that the concept of recklessness regarding consent was not adequately explained. The Court of Appeal, led by Mr Justice George Birmingham, dismissed both grounds. The court found that the trial judge was fully aware of the relevant authorities and that the decision to decline a corroboration warning was open to him. The appeal was rejected, with the court stating it was not persuaded that the trial was unfair or the verdict unsafe. The matter was adjourned for the finalisation of the appeal process, though the conviction and sentence stand.

Who, what, where, when and why

What: Report matter: Ex-soldier fails in bid to overturn conviction for 'cynical and cold campaign of rape'. Procedural stage: appeal. Findings: Convicted

When:

December 2021 Hearing Or Sentence
August 2017 Hearing Or Sentence
June 2017 Hearing Or Sentence
December 2016 Hearing Or Sentence
2023-07-25 Publication

Why: At the appeal hearing, Vincent Heneghan SC, for the State, said the woman had explained why she told lies about the relationship. CNI source report