Court dismisses man's appeal against his conviction for indecently assaulting one of his daughters more than 30 years ago
Published 03/06/2014 | 17:01
A man's appeal against his conviction for indecently assaulting one of his daughters more than 30 years ago has been dismissed.
In April 2010 the man was convicted by a jury, following a retrial at Dublin Circuit Criminal Court, of four counts of indecent assault against his daughter. The jury's verdict was unanimous.
The offences were committed at various locations outside Dublin on dates during the early 1980's. One of the offences occurred on Halloween night in the father's car at a rural location.
Following his conviction, he was given a six year prison sentence, with the final three years suspended on certain terms and conditions, by Judge Tom O'Donnell.
He lodged an appeal and was released on bail in June 2010 pending the outcome of the appeal.
Following the dismissal of that appeal yesterday by the Court of Criminal Appeal, he can now expect to serve approximately two years imprisonment, including remission.
He was previously convicted of indecently assaulting his daughter in 2008. However that conviction was quashed on appeal by the CCA and a retrial was directed.
The man was acquitted of a number of other charges including indecent assault and incestuous behaviour against his daughter. He was also tried and acquitted of a number of indecent assault claims made by another daughter.
In his appeal against the 2010 verdict, the man claimed his conviction should be set aside on several grounds including that certain evidence put before the jury at his trial was inadmissible. It was argued that inconsistencies in the prosecution's case rendered his conviction unsafe.
It was also argued that the trial judge's charge to the jury was inadequate. The judge, it was submitted, erred by failing to withdraw the case from the jury following applications to do so made by the man's lawyers.
The DPP opposed the appeal and argued the conviction should be left undisturbed.
Yesterday, a three-judge CCA dismissed all grounds of the appeal.
The CCA rejected the argument that the evidence, which did contain certain inconsistencies, was inadmissible. The court could find no error in the judge's charge to the jury.
The trial judge was correct in his decision to allow the case go to the jury, the CCA also said.