D’s convictions quashed and retrial ordered
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
The Court of Criminal Appeal quashed D’s convictions and ordered a retrial on 20 May 2014. The panel comprised MacMenamin J., Moriarty J. and Herbert J. The proceedings were reported on 20 May 2014.
His trial took place at the Central Criminal Court between 23 and 27 January 2012. He pleaded not guilty to 18 counts of indecent assault and two counts of sexual assault. The charges concerned alleged assaults against his nephew, then a minor, between 14 October 1988 and 30 June 1991.
He was convicted of six counts of indecent assault: four concerning dates between 1 April and 30 September 1989, and two concerning dates between 16 February and 15 May 1990. He was also convicted of one sexual assault concerning the period between 1 March and 30 April 1991.
He was acquitted on 12 counts of indecent assault and one count of sexual assault. Those acquittals included three counts covering 14 October 1988 to 31 March 1989, on which the trial judge directed acquittals. The jury acquitted him on the other counts that did not result in convictions.
On 20 March 2012, he received eight years’ imprisonment, with the final two years suspended, on each indecent-assault count, and five years’ imprisonment on the sexual-assault count.
The prosecution case centred on his nephew’s uncorroborated testimony. The first complaint to Gardaí was made on 28 August 2009. The defence did not give evidence.
D appealed against his convictions, arguing that the jury directions concerning uncorroborated evidence and delay were deficient and that the evidence was insufficient to leave the case with the jury.
The appeal court found that the directions failed to explain adequately the dangers of convicting on uncorroborated evidence or to relate the dangers of delay to this case. It rejected the argument that the prosecution should have been withdrawn from the jury, finding sufficient evidence, but directed a retrial because of the deficient jury charge.