Courts / Cork / Report
Rapist fails in claim that daughter's 'teddy bear' abuse revelation 'pulled rug' from defence
Summary
A 67-year-old man who sexually abused his daughter for nearly ten years has lost an appeal in which he claimed the defence was unfairly surprised by her testimony about using a teddy bear to wipe his semen from her leg. His legal team argued that the detail emerged during the trial and the defence were not on notice of it. However, the Court of Appeal dismissed the appeal, with Mr Justice Alexander Owens stating that the trial judge had adequately explained to the jury why the defence counsel incorrectly suggested the complainant first mentioned the teddy bear in the witness box. The judge noted that the detail did not prejudice the defence and was a common occurrence during trials. The garda who failed to record the statement was said to have made an oversight, not a deliberate omission. The man was convicted of 71 counts of rape, oral rape, indecent assault, and sexual assault in 2023 and received an 11-year prison sentence in 2024. The unnamed 67-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Rapist fails in claim that daughter's 'teddy bear' abuse revelation 'pulled rug' from defence. Procedural stage: appeal. Findings: Convicted
When:
- November 3, 2023 Incident
- January 2024 Incident
- May 1988 Incident
- November 1997 Incident
- 2026-05-07 Publication
Case subjects
Appellant
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; Mr Justice Paul Burns sentenced him to 11 years in prison in January 2024.
Places mentioned
Topics
Related court reports
- Mentally ill man who put fellow psychiatric patient in chokehold to be immediately released into care of UK parents
- 'Alternative dispute resolution': man arranged 'straightener' during which dad-of-seven was stabbed to death
- Brothers who sexually assaulted teenage girls in mid-nineties can now be identified for first time
- ESB worker too late to pursue claim seeking €42k in alleged unpaid overtime
- 'No hand, act or part': Osgur Breatnach's wrongful conviction for Sallins train robbery declared a miscarriage of justice
- Migrant engineer who worked 10-hour days for under minimum wage wins €14k
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request