The now 20-year-old man had pleaded not guilty before Mr Justice Paul Burns at the Central Criminal Court to rape at the area in Laois on October 31st, 2019.A Laois man who was jailed less than three months ago for raping a friend on wasteland on Halloween night when they were both teenagers has had his conviction quashed by the Court of Appeal.
Mr Munro said that the girl who claimed she met the complainant on the night had made a sworn affidavit to gardaí regarding their encounter after she learned of his unanimous jury conviction in June of this year.Faust review: Duke Kim, Nicholas Brownlee and Jennifer Davis star in an excellently cast INO production
However, the three-judge court ruled against the State, who were also denied an opportunity to cross-examine the girl in the confines of the appeal motion, saying that both the new evidence and any cross examination in the case was a matter for a jury. The court heard that the girl said she was pulling up her underwear, having gone to the toilet when the accused said to her “give us a feel, give us a feel”. The girl refused, but she claimed that the defendant turned her around and raped her while she continually asked him to stop. At the time of the alleged offence, he was 16-years-old and she was a year younger, the court heard.
Mr Munro had outlined that since the alleged offence, his client had developed a drug and alcohol problem and there was a concern he was suicidal. He handed in a number of letters from the man’s family, extended family and local community.
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Source: IrishTimes - 🏆 3. / 98 Read more »
Source: IrishTimes - 🏆 3. / 98 Read more »