Courts / Cork / Report

Rapist argues jury should not have heard about violence against his wife

Date
2025-10-31

Stage
Appeal

Primary locality
Midleton

County
Cork

Summary

A 61-year-old man has appealed his conviction for repeatedly sexually abusing his teenage sister-in-law, arguing that evidence regarding his temper created undue prejudice. The appellant, identified as Barry McDonagh, was found guilty by a jury of 17 counts of rape and one count of sexual assault following a Central Criminal Court trial in June 2024. He was sentenced to seven and a half years in prison by Ms Justice Caroline Biggs in October 2024. The abuse occurred between 1999 and 2000 when the victim, who waived anonymity, was aged 15 to 16. In the Court of Appeal, counsel for the appellant argued that testimony about the man's violent temper, including allegations he broke his wife's ribs, was irrelevant and highly prejudicial. The Director of Public Prosecutions countered that this evidence was necessary to explain the victim's fear and lack of resistance. The appellant also claimed the judge erred in failing to discharge the jury after a question referencing a holiday to Tunisia. The three-judge court, led by Mr Justice Peter Charleton, reserved its judgment, meaning the matter was adjourned and not concluded.

Who, what, where, when and why

What: Report matter: Rapist argues jury should not have heard about violence against his wife. Procedural stage: appeal. Findings: Found guilty

When:

October 2024 Incident
1999 and 2000 Incident
2025-10-31 Publication

Why: Counsel for the Director of Public Prosecution's said the case raised by the defence was that McDonagh, who the court had already heard had beaten his wife to the extent that he had broken her ribs, "can't get a fair trial because the jury know he has a bad temper". Prosecution account reported by CNI