Courts / Dublin / Report
Abuser who claimed alleged missing evidence about 'healer' made trial unfair loses appeal
Summary
A 73‑year‑old pensioner, whose identity is protected, lost an appeal against his conviction for sexually abusing his young daughter in the 1980s. He had pleaded not guilty to two counts of indecent assault but was found guilty on two other counts and sentenced to three years and six months' imprisonment, to run concurrently. The appeal argued that missing evidence from a "healer" and delays in the prosecution had made the trial unfair. The Court of Appeal, led by Justice Patrick McCarthy, rejected the appeal, stating there was no basis that any healer's involvement was relevant to the charges or that missing evidence existed. The judge upheld the trial judge's warning to the jury about delays and found no prejudice against the appellant. The conviction remains in place.
Who, what, where, when and why
What: Report matter: Abuser who claimed alleged missing evidence about 'healer' made trial unfair loses appeal. Charges or matters: four counts of indecent assault of one daughter and not guilty to two counts of indecent assault of a second daughter at the family home in the 1980s. Procedural stage: appeal. Findings: Found guilty
When:
- May 2023 Incident
- March 25, 1984 Incident
- March 24, 1987 Incident
- 2024-04-08 Publication
Why: The man (73), who cannot be named in order to protect the identity of his victim, was convicted in May 2023 by a jury before Judge Martin Nolan at Dublin Circuit Criminal Court. CNI source report
Case subjects
Appellant
Charges: four counts of indecent assault of one daughter and not guilty to two counts of indecent assault of a second daughter at the family home in the 1980s (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He had pleaded not guilty to two counts of indecent assault but was sentenced to three years and six months' imprisonment to run concurrently.
Places mentioned
Topics
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