Courts / Galway / Report

Court criticises failure of gardai to interview wife of child abuser

Summary

The Court of Appeal has criticized the failure of gardai to interview the wife of an octogenarian child abuser but ruled that her husband's trial was not rendered unfair as a result. The man, now 87, had argued that his wife would have supported his claim that the girl did not spend the night at their home on the night of the attacks. He was convicted of two counts of sexual assault in 1991 and sentenced to two years in prison. His appeal focused on the absence of his wife's statement, which his lawyers claimed would have challenged the victim's credibility. However, the court noted that his wife had died before the trial and that her potential evidence was not certain to be admitted. The judge also pointed out that the victim's evidence was not challenged on the issue of her staying at the abuser's home. The court concluded that the trial, while imperfect, did not result in unfairness for the appellant. The unnamed 87-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Court criticises failure of gardai to interview wife of child abuser. Charges or matters: two counts of sexual assault at locations in the West of Ireland on an unknown date in the summer of 1991, but was convicted by a unanimous jury verdict at Galway Circuit Court. Procedural stage: appeal. Findings: Convicted

When:

• July 16, 2024 Incident
• 2026-05-05 Publication

Why: While gardai had said the reason for not interviewing her was that she was unwell, Ms Justice Burns said an effort should have been made to speak to her. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report