The Court of Appeal has ordered a retrial for a man whose convictions for two counts of sexual assault were quashed by the court in March 2019. The decision followed a hearing on whether a retrial should proceed, after the Director of Public Prosecutions sought one and the appellant opposed it.
The judgment says the man was convicted at Waterford Circuit Court on 12 December 2016 and sentenced to three years in prison, with one year suspended on conditions. He had been released in November 2018, but remained subject to the suspended sentence and lifelong obligations under the Sex Offenders Act.
The convictions were quashed because of a factual error made by defence counsel during closing submissions and the trial judge’s response to it, according to the Court of Appeal. The court said the error was not made by the complainant or the prosecution.
At the retrial hearing, the DPP’s counsel argued that the suspended sentence had punitive and public-protection purposes and pointed to the registration obligations. The DPP accepted it was unlikely the appellant would face further time in custody if convicted at a retrial. His counsel argued that a retrial would be disproportionate, citing the burden of renewed criminal proceedings after a sentence had been served.
The court said it had to weigh the public interest in reaching a valid verdict in a serious case against the accused’s right not to face an unfair or oppressive process. It noted the case involved an alleged sexual assault within a family context and said the complainant was an identifiable alleged victim whose interests required consideration. It also took account of the practical consequences that remained when the convictions were quashed, including the suspended sentence and registration obligations.
The court concluded that the public interest and the interests of justice were best served by allowing a retrial. It ordered one. The judgment does not determine the allegations; it addresses only whether the prosecution may proceed to a new trial.