Courts / Tipperary / Report

Cross-examination of abuse complainants cannot 'pry unnecessarily' into their personal lives, Court of Appeal finds

Date
2023-11-03

Stage
Appeal

Primary locality
Newport

Summary

The Court of Appeal has dismissed an appeal by Graham Daly, a teacher from Clonree, Newport, Co Tipperary, who was found guilty by a jury of seven counts of raping and sexually abusing his younger brother between January 1998 and December 2002. Daly, who was jailed for eight and a half years in January 2022, argued that the trial judge erred in restricting his cross-examination of the complainant regarding sexual history and in admitting evidence from a cousin, Mr C. The complainant, Thomas Daly, waived anonymity to allow his brother to be named. In its decision, the Court of Appeal, led by Mr Justice John Edwards, affirmed that while accused persons have fair trial rights, complainants also possess rights to privacy regarding their sexuality. The court ruled that cross-examination cannot be used to "pry unnecessarily" into a complainant's personal life. Regarding the second ground of appeal, the court found no unfairness in admitting Mr C's statements, which included allegations that Daly asked how much it would cost to hurt the complainant or his father. The judges determined these were admissible declarations against interest and directly relevant. The appeal was dismissed, upholding the original conviction and sentence.

Who, what, where, when and why

What: Report matter: Cross-examination of abuse complainants cannot 'pry unnecessarily' into their personal lives, Court of Appeal finds. Procedural stage: appeal. Findings: Found guilty

When:

January 1998 Hearing Or Sentence
December 2002 Hearing Or Sentence
December 2021 Hearing Or Sentence
January 2022 Hearing Or Sentence
June 4, 2016 Hearing Or Sentence
2023-11-03 Publication

Why: Abuser Graham Daly (39) had suggested that his brother was "lying because he was jealous of his achievements" and that the younger man "wanted to destroy his older brother's life" because Daly disclosed to his parents that his younger brother is gay. CNI source report