Courts / Dublin / Report
Case of man who had gang rape conviction quashed was not a miscarriage of justice, appeal court rules
Summary
In November 2023 the Court of Appeal ruled that the quashing of Darren Thompson's gang‑rape conviction was not a miscarriage of justice. Thompson, 30, had been jailed for six years with two years suspended after a 2017 jury conviction for raping a 21‑year‑old nightclub patron. In 2020 the conviction was overturned when the Director of Public Prosecutions did not oppose his application, but no retrial was ordered. Thompson's lawyers sought a miscarriage‑of‑justice certificate under Section 9 of the Criminal Procedure Act, arguing that undisclosed Garda and Tusla documents – relating to unfounded child‑sexual‑abuse complaints made by the complainant – were a newly discovered fact. The three‑judge panel found the failure to disclose was a "human error", not bad faith, and that the material would not have been decisive. Consequently the court denied the certificate, stating the error did not amount to a fundamental defect in the administration of justice. Darren Thompson pleaded not guilty.
Who, what, where, when and why
What: Report matter: Case of man who had gang rape conviction quashed was not a miscarriage of justice, appeal court rules. Charges or matters: rape at a house in Dublin but was convicted by a jury and sentenced to six years' imprisonment with the final two years suspended. Procedural stage: appeal. Findings: Convicted
When:
- May 2017 Hearing Or Sentence
- July 2020 Hearing Or Sentence
- 2023-11-30 Publication
Why: Paul Greene SC, for the DPP, said investigating gardai did "everything right" in the case and could not find references to the other complaints on the Pulse system because they were either not put there by other gardaí or a formal Garda complaint had not been made. CNI source report
Case subjects
Applicant
Charges: rape at a house in Dublin but was convicted by a jury and sentenced to six years' imprisonment with the final two years suspended (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; The court heard the prosecution argued that Mr Thompson and two other men raped the woman after she came back to a house with them, where she was told: "It's your birthday surprise." Mr Thompson of Belcare Park, Ballymun, Dublin, had pleaded not guilty to rape at a house in Dublin but was convicted by a jury and sentenced to six years' imprisonment with the final two years suspended. No re-trial was ordered and Mr Thompson had already completed his jail sentence by the time of the appeal hearing.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
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