Courts / Sligo / Report
Man who abused nephew must await appeal outcome
Summary
In March 2014 a 68‑year‑old man, who had been sentenced in January 2012 to eight years' imprisonment with two years suspended for seven counts of indecent assault on his nephew, was told he must await the outcome of his appeal. The conviction stemmed from alleged assaults that took place in the man's home between October 1988 and April 1991, when the victim was aged 13 to 16. The man pleaded not guilty. During the appeal counsel, Mr Hugh Hartnett SC, argued that the trial judge should have issued a corroboration warning and a delay warning, citing the absence of a potential witness who had been present in the house at the time of the alleged offences. The State's counsel, Ms Isobel Kennedy SC, maintained that the judge's decisions on corroboration and the lack of a witness were within his discretion.
Who, what, where, when and why
What: Report matter: Man who abused nephew must await appeal outcome. Charges or matters: charges of indecent assault at his home on dates between October 1988 and April 1991 when the victim was between 13 and 16 years old. Procedural stage: appeal
When:
- January 2012 Incident
- October 1988 Incident
- April 1991 Incident
- 2014-03-10 Publication
Why: He said the final ground of appeal was that the trial judge should have withdrawn the case from the jury because delay had caused irreparable prejudice and because there were "internal frailties" in the evidence in case. CNI source report
Case subjects
Appellant
Charges: charges of indecent assault at his home on dates between October 1988 and April 1991 when the victim was between 13 and 16 years old (Alleged Or Contested)
Plea: Not guilty
Outcome: In January 2012 the now 68-year-old man was sentenced to eight years with two years suspended by Mr Justice Paul Carney having been found guilty by a Central Criminal Court jury of seven counts of indecent assault.
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