Wicklow man’s rape appeal evidence bid rejected
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
The Court of Appeal rejected a Wicklow man’s bid to introduce new evidence in his rape case in Dublin on 10 December 2022. He had been convicted by a jury of one count of rape in County Wicklow on 5 November 2015 after denying the charge.
The Central Criminal Court imposed a seven-year sentence in February 2019, with the final 18 months suspended. Ms Justice Carmel Stewart imposed the sentence. The appeal motion concerned phone activity recorded shortly after the alleged rape.
Michael Bowman SC argued that the activity could make the conviction unsafe. Roisin Lacey SC said the evidence could be admitted only in exceptional circumstances and noted that phone applications might update in the background. Mr Justice Patrick McCarthy dismissed the motion, finding it unclear whether the entries were user-generated or background functions.