Courts / Kildare / Report

Court rejects grandfather's appeal for abusing grandson

Summary

The Court of Appeal has dismissed the appeal of an unnamed 81-year-old man, upholding his conviction for sexually assaulting his grandson. The appellant, who pleaded not guilty to three counts of sexually assaulting his 15-year-old grandson at various locations in Leinster between June and September 2015, was convicted following a second trial after the first jury failed to reach a verdict. On December 9, 2024, Judge Martina Baxter at Naas Circuit Court sentenced him to five and a half years imprisonment. The appeal centered on the trial judge's decision to exclude a prepared statement the appellant gave to gardaí in October 2017. His counsel argued the statement contained mixed elements and should have been admitted. However, Mr Justice Alexander Owens ruled the statement was self-serving, wholly exculpatory, and inadmissible hearsay. The judge noted the document was produced for trial use rather than to assist the investigation, and the trial judge was correct to refuse its admission. The Court of Appeal found the appellant failed to establish that the guilty verdicts were unsafe, thereby rejecting his claim that the exclusion of the statement rendered the trial unfair.

Who, what, where, when and why

What: Report matter: Court rejects grandfather's appeal for abusing grandson. Charges or matters: three counts of sexually assaulting his grandson at various locations in Leinster on dates between June and September 2015. Procedural stage: appeal. Findings: Convicted

When:

• September 2015 Incident
• December 9, 2024 Incident
• October 2017 Incident
• 2026-07-24 Publication

Why: He said the statement was made with the assistance of the defendant's daughter because he is illiterate. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report