Courts / Ireland / Report
Rape conviction quashed over trial judge's comments to jury on right to silence
Summary
A 28‑year‑old man was convicted of raping a woman he described as his best friend. He pleaded not guilty to a single count of rape relating to an incident on 7 November 2018. The jury found him guilty in November 2021 and he was sentenced to seven years, with the final three and a half years suspended, by Justice Deirdre Murphy in May 2022. He appealed, arguing that the trial judge's comments to the jury about the right to silence during Gardaí interviews unfairly prejudiced him. The Court of Appeal, led by Justice George Birmingham, agreed that the judge's remarks had impacted the man's right to silence and quashed the conviction. The case was adjourned to 16 February for further submissions on a possible retrial. The article does not state any subsequent outcome.
Who, what, where, when and why
What: Report matter: Rape conviction quashed over trial judge's comments to jury on right to silence. Charges or matters: a single count of rape relating to November 7, 2018, to which he had pleaded not guilty. Procedural stage: appeal. Findings: Convicted
When:
- November 7, 2018 Hearing Or Sentence
- November 2021 Hearing Or Sentence
- May 2022 Incident
- February 16 Adjournment
- December 8, 2018 Incident
- 2024-01-22 Publication
Why: The man (28), who cannot be named in order to protect the identity of his victim, was charged with a single count of rape relating to November 7, 2018, to which he had pleaded not guilty. CNI source report
Case subjects
Appellant
Charges: a single count of rape relating to November 7, 2018, to which he had pleaded not guilty (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; A man who was jailed for the rape of a woman described as his "best friend" has had his conviction quashed by the Court of Appeal over the trial judge's comments to the jury on the right to silence during interviews with gardai. He was convicted by a jury in November 2021 and was sentenced to seven years with the final three and a half years suspended by Ms Justice Deirdre Murphy in May 2022.; In allowing the appeal and quashing the conviction, Mr Justice Birmingham said the "force and clarity" of the re-charge was "not, in fact, capable of retrieving the situation". "In those circumstances, we feel obliged to quash the conviction," said Mr Justice Birmingham who then adjourned the matter to February 16 to hear submissions on the matter of any re-trial.
Places mentioned
- Court of Appeal
- The Central Criminal Court
Topics
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