Courts / Sligo / Report

Pair appeal convictions for abuse committed more than 40 years ago

Summary

Francis McLoughlin and Brian Wynne, otherwise Bernard, have had their appeals against convictions for historical sexual abuse adjourned. The men were found guilty by a jury at Sligo Circuit Criminal Court of indecently assaulting young boys in a period ending in January 1973. McLoughlin, who was found guilty of assaulting two boys, was sentenced to four years imprisonment with the final six months suspended. Wynne, who pleaded not guilty to assaulting one boy, received a wholly suspended two-year sentence. Both sentences were imposed by Judge Petria McDonnell on October 13, 2014. In their appeals, counsel argued that the convictions were unsafe due to trial mismanagement, including the refusal to order separate trials and issues regarding system evidence and corroboration. McLoughlin's lawyer contended that his client was prejudiced by being tried alongside Wynne, while Wynne's counsel highlighted the lack of system evidence in his client's case and alleged the trial judge inverted the burden of proof. The Director of Public Prosecutions countered that the alleged system of abuse was unusual and that Wynne was part of that system. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice Alan Mahon, reserved its judgment, meaning the matter was adjourned and not concluded.

Who, what, where, when and why

What: Report matter: Pair appeal convictions for abuse committed more than 40 years ago. Charges or matters: indecently assaulting one of the boys in a two year period ending in January 1973. Procedural stage: appeal. Findings: Found guilty

When:

• January 1973 Hearing Or Sentence
• October 13, 2014 Hearing Or Sentence
• 1963 to 1974 Other
• 2016-07-04 Publication

Why: Opening an appeal against conviction today McLoughlin's barrister, John Shortt SC, said his client's conviction was unsafe and unsatisfactory because there had been an "accumulation" of trial mismanagement beginning with a refusal to order separate trials. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report