Limerick brothers’ rape convictions stand after appeal fails

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

Two Limerick brothers jailed for 11 years for the rape of a 14-year-old girl failed in their appeal against their convictions on 31 October 2023. Mr Justice John Edwards dismissed the appeal.

The brothers pleaded not guilty. They were convicted following a Central Criminal Court trial in November 2021. The younger brother was also convicted of sexual assault and sentenced to eight years in prison, to run concurrently. The proceedings were reported on 31 October 2023.

The offences arose from events on the night of 22 April 2017 at a location in the west of Ireland. The brothers cannot be named in order to protect the complainant’s anonymity.

Their lawyers argued that the trial judge’s further directions to the jury about the evidential status of questions put to an accused by Gardaí were too late and inadequate. The issue arose after the jury sought clarification about a treating doctor’s statement and a question asked during a Garda interview.

Mr Justice Edwards said the trial judge’s original charge had not specifically covered the evidential status of a question containing an opinion volunteered by a Garda. He said the jury had been instructed to decide the case on the evidence alone and reminded that questions were not evidence. He found no reason to believe the jury had disregarded the supplemental instructions.