Dublin man’s rape conviction appeal dismissed by Court of Appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal dismissed a Dublin man’s appeal against his conviction for raping a co-worker on 12 November 2024. The man, aged 30, cannot be named to protect the anonymity of his victim.

He had pleaded not guilty to one count of rape. The report states that he was convicted by a majority verdict on 9 February 2018 after a Central Criminal Court trial.

On 25 January 2024, Mr Justice Kerida Naidoo sentenced him to eight years, suspending the final two years on condition that he engage with the Probation Service after his release.

The woman had gone to sleep fully clothed in the man’s bedroom after a group socialised at his apartment. She woke to find him having sex with her. The defence accepted that non-consensual intercourse took place but contended that he was asleep and unaware because of sexsomnia. It called sleep-disorder specialist Dr John Garvey to give evidence.

On appeal, Michael Bowman SC argued that prosecution closing remarks unfairly highlighted the man’s decision not to give evidence and poured scorn on Dr Garvey’s testimony. Lorcan Staines, for the DPP, said the comments about the doctor were legally permissible and appropriate.

Delivering judgment, Ms Justice Tara Burns said the prosecution’s closing remarks were not unfair or prejudicial. She said information the man had given Dr Garvey, which the doctor relied on in forming his opinion, had no evidential basis at trial. The court also rejected challenges concerning other expert evidence, evidence of the man’s prior interest in the woman and testimony given by video link.