Karl Reilly and Patrick McLoughlin lose conviction appeals
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
Karl Reilly and Patrick McLoughlin had their conviction appeals dismissed by the Court of Appeal on 8 December 2023. Presiding judge Justice George Birmingham rejected their challenges to the joint trial and the handling of a phone-record timing error.
The men had pleaded not guilty. A Central Criminal Court jury convicted Reilly of rape and McLoughlin of sexual assault following a trial in Castlebar in March 2022.
The offences took place in a van in a Galway city car park during the Galway Races on 5 August 2017. The trial heard that the woman initially had consensual sex with Reilly but withdrew consent after McLoughlin entered the van. Reilly continued, and McLoughlin later sexually assaulted her.
Reilly denied that the woman had said no. McLoughlin maintained his innocence and said he had returned to the van to sleep. The report said the woman’s DNA was found on his hand.
In November 2022, Justice Mary Ellen Ring sentenced Reilly to seven years in prison, with the final 18 months suspended on strict conditions. The proceedings were reported on 7 November 2022.
On 5 December 2022, Justice Ring sentenced McLoughlin to five years in prison, with the final 18 months suspended on strict conditions, including engagement with the Probation Service during that period.
At the appeal hearing in October 2023, counsel argued that an incorrect phone-evidence timestamp had affected the defence teams’ preparation. Reilly’s counsel also argued that the men should have been tried separately because their accounts to gardaí differed.
Justice Birmingham said the phone records had not formed part of the prosecution case and the timing issue could have been addressed by recalling the complainant or in closing speeches. He said any difference between the men’s accounts was minor and the trial judge was entitled to refuse separate trials.