Courts / Ireland / Report
Laois man (20) who had rape conviction overturned faces retrial
Summary
The Court of Appeal has quashed the rape conviction of an unnamed 20-year-old Laois man, ordering a retrial. The appellant, who had pleaded not guilty to raping a friend on wasteland on Halloween night in 2019 when they were teenagers, was originally sentenced on July 25 to three years in prison, with the final six months suspended on strict conditions including Probation Service engagement and a consent course. His conviction was overturned on Monday after the court accepted new evidence: a post-trial affidavit from a 14-year-old friend of the complainant. This witness claimed the complainant had expressed sexual desire towards the defendant prior to the alleged incident, evidence counsel Ronan Munro SC argued was excluded during a defective Garda investigation. The three-judge panel, led by Mr Justice Patrick McCarthy, ruled the evidence was potentially relevant and admissible, stating it must be tested by a jury. The State's argument that the evidence was merely collateral was rejected. Mr Justice John Edwards remanded the appellant on bail, directing that the case return to the Central Criminal Court to set a date for the retrial. The appellant, who has no previous convictions, maintains the encounter was consensual.
Who, what, where, when and why
What: Report matter: Laois man (20) who had rape conviction overturned faces retrial. Procedural stage: appeal
When:
- October 31, 2019 Incident
- July 25 Hearing Or Sentence
- 2023-10-04 Publication
Why: She said she moved school and home because of how "unsafe" she felt and that she lost her independence since. CNI source report
Case subjects
Appellant
Outcome: The now 20-year-old appellant who was jailed less than three months ago for raping a friend on wasteland on Halloween night when they were both teenagers had his conviction overturned by the Court of Appeal on Monday. On July 25 last, Mr Justice Burns sentenced the man to three years in prison but suspended the final six months on strict conditions including that he engage with the Probation Service for three years upon his ultimate release from prison.
Places mentioned
- Court of Appeal
- Central Criminal Court
- had attended the local Garda station
Topics
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request