Conviction for rape quashed after Court of Appeal allows new evidence

  • 📰 IrishTimes
  • ⏱ Reading Time:
  • 62 sec. here
  • 3 min. at publisher
  • 📊 Quality Score:
  • News: 28%
  • Publisher: 98%

Law Law Headlines News

Law Law Latest News,Law Law Headlines

Mr Justice Patrick McCarthy said the post-trial affidavit from a then 14-year-old friend of the complainant was both potentially relevant and admissible

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.

 

Thank you for your comment. Your comment will be published after being reviewed.
Please try again later.
We have summarized this news so that you can read it quickly. If you are interested in the news, you can read the full text here. Read more:

 /  🏆 3. in LAW

Law Law Latest News, Law Law Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

Alan Harte loses bid to quash conviction and sentence for role in Kevin Lunney attackHarte brought a High Court case challenging the law that permitted his Special Criminal Court conviction
Source: IrishTimes - 🏆 3. / 98 Read more »

Debenhams liquidators lose second test case at WRC over compulsory redundanciesMulti-million euro Labour Court appeal now looms
Source: IrishTimes - 🏆 3. / 98 Read more »