Folajimmy Awode loses appeal against sexual assault conviction

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

The Court of Appeal dismissed Folajimmy Awode’s appeal against his sexual assault conviction on 20 February 2017. Mr. Justice Edwards delivered the judgment.

A jury at Dublin Circuit Criminal Court convicted him by a 10–2 majority verdict on 15 June 2015 of a single count of sexual assault contrary to section 2 of the Criminal Law (Rape Amendment) Act 1990.

Following his conviction, he was sentenced to two years’ imprisonment, with the final six months suspended for a period of three years.

The conviction concerned an incident involving an in-patient at Dublin’s Mater Private Hospital, where Awode worked as an agency healthcare assistant.

His appeal challenged the jury directions concerning the limited use of complaint evidence, the weight of expert testimony and the jury’s entitlement to accept or reject it. He also argued that the trial judge had inadequately summarised the defence case.

The court was not satisfied that there was a real risk of fundamental injustice. It noted the absence of an explanation for failing to raise the issue at trial and declined to allow it to be raised on appeal.