The Court of Criminal Appeal has quashed EC’s convictions for sexual offences against four complainants and directed a retrial after finding that the jury should have been warned about the effect of lengthy delay on his ability to defend himself.
EC was convicted at the Central Criminal Court in Dublin in December 2002 following a four-week trial. The convictions concerned offences against A.K. and S.K. alleged to have occurred during the 1970s, and against F.G. and C.G. arising from alleged events in 1987 and 1988. He received substantial concurrent and consecutive prison sentences and was placed on the sex offenders register.
Before the trial, a seven-day hearing had considered whether the prosecution should be stopped altogether because of complainant delay. The trial judge refused that application, finding that EC’s ability to defend himself had not been impaired to the point where the trial could not proceed.
However, when the case later went to the jury, no warning was given explaining how the passage of time could affect an accused person’s ability to recall events, locate witnesses or answer allegations lacking precise dates and details. Neither prosecution nor defence counsel asked the judge to correct that omission at the time.
Mr Justice Kearns, delivering the appeal judgment, held that in sexual abuse cases involving lengthy delay a jury must receive appropriate guidance about those difficulties. The form and detail of the warning will vary from case to case.
The court found particular concern in relation to one complainant who had approached Gardaí in 1984, where related material was not available to EC. It also held that delays of more than ten years concerning the later complainants were significant enough to require a warning.
The court rejected the argument that corroborative features made such a direction unnecessary. Because the omission affected a central and critical issue in the trial, the convictions could not safely stand.
The convictions were quashed and a retrial was ordered.