The Court of Appeal has dismissed MW’s appeal against his convictions for sexual offences against his daughter, after refusing an application to introduce evidence of her husband’s later guilty plea and refusing leave to add a ground alleging inadequate legal representation.
MW was convicted by a jury in February 2020 of 11 counts of sexual assault, four counts of rape and one count of rape. He received an 11-year prison sentence, with the final year suspended subject to conditions. The appeal judgment, delivered on 26 February 2024, concerned the conviction; the court dismissed the appeal.
The prosecution concerned alleged abuse between 2008 and 2015, when the complainant was aged between 11 and 17. The judgment says she reported the abuse to her husband in May 2015 and later made a complaint to gardaí. At trial, the defence argued that the allegations were fabricated. The Court of Appeal noted that a different explanation for the alleged fabrication was advanced on appeal, although it had not been put to the complainant or her husband at trial.
The appellant sought to rely on the husband’s guilty plea to assault causing harm arising from a separate incident at MW’s home in June 2015. At trial, the husband had denied involvement, while the complainant’s account of where she and her husband were that night was challenged. The appeal court said the jury had already heard evidence and submissions about the conflicting accounts, and the trial judge had directed it to consider their possible effect on credibility. It concluded that the later plea would not have had a material and important influence on the result. The application to introduce it was refused. The court did not determine that the husband had committed perjury.
MW also alleged failures by his former legal team, including that he lacked an assigned solicitor, received the Book of Evidence shortly before trial, and had defence material and instructions disregarded. Former members of the legal team filed affidavits disputing those claims. The court cited the absence of a reply affidavit or notices to cross-examine them and rejected the complaints, including claims concerning social media posts, an audio recording, a witness statement and a proposed alibi witness. It refused leave to amend the appeal grounds to include inadequate representation.
With those applications refused and no further grounds advanced, the Court of Appeal dismissed the appeal against conviction.