Childminder Martin Begley's sexual assault conviction quashed by Court of Appeal
Martin Begley, a 55-year-old childminder from Kimmage, Dublin, had his conviction for nine counts of sexual assault and 12 counts of invitation of sexual touching of a seven-year-old boy quashed by the Court of Appeal, which found the trial judge erred in refusing to direct an acquittal after the child complainant's cross-examination suggested the abuse did not occur.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In courtnot reported
- Acquitted29 Mar
2 reports - Sentenced
Key facts
consolidated from all reports33 statements extracted from the articles
- whatThe complainant outlined incidents where the appellant rubbed his penis. (irishtimes.com)
- whereBegley lives at Larkfield Grove, Kimmage, Dublin. (irishmirror.ie)
- whereMartin Begley lives at Larkfield Grove, Kimmage. (irishtimes.com)
- whenHe started minding the children in their home in December 2019. (irishmirror.ie)
- whenDuring the March 2020 Covid lockdown, Begley minded the children in his own house. (irishmirror.ie)
- whenThe alleged abuse occurred in two locations in Dublin between December 2019 and April 2020. (irishtimes.com)
- whenHe started working with the family in December 2019. (irishtimes.com)
- investigationThe boy was interviewed by specialist gardaí after his parents contacted them. (irishmirror.ie)
- chargeHe was found guilty of nine counts of sexual assault and 12 counts of invitation of sexual touching. (irishmirror.ie, irishtimes.com)
- courtThe Court of Appeal quashed the conviction. (irishmirror.ie)
- courtThe trial lasted six days and took place in June 2022. (irishmirror.ie)
- courtThe child gave conflicting evidence in cross-examination compared to his recorded interview with gardaí. (irishmirror.ie)
- courtThe defence application to withdraw the case was refused by Judge Elma Sheahan at trial. (irishmirror.ie)
- courtMs Justice Isobel Kennedy found the trial judge erred in refusing the application and quashed the conviction. (irishmirror.ie)
- courtThe Court of Appeal found the charges should have been withdrawn after the complainant said in cross-examination that the abuse did not happen. (irishtimes.com)
- courtHis defence lawyers applied during his trial for the judge to direct an acquittal. (irishtimes.com)
- courtHe was found guilty by a Dublin Circuit Criminal Court jury in October 2022. (irishtimes.com)
- courtMs Justice Isobel Kennedy delivered the Court of Appeal judgment. (irishtimes.com)
- courtThe defence applied to have the case withdrawn because of contradictory evidence but the application was refused by Judge Elma Sheahan. (irishtimes.com)
- sentenceBegley was originally jailed for five years for the sexual assault. (irishmirror.ie)
- sentenceMartin Begley was jailed for five years for repeatedly sexually assaulting a seven-year-old boy. (irishtimes.com)
- otherIn April 2020 the boy told his mother about a video Begley had shown him of a boy being spanked with a belt. (irishmirror.ie)
- otherThe parents terminated Begley's employment immediately after the video incident. (irishmirror.ie)
- otherThe child had a diagnosis of autism and ADHD, which were not known at the time of the complaint. (irishmirror.ie)
- otherThe parents of the child cannot be identified for legal reasons. (irishtimes.com)
- otherMr Begley told the parents he had Garda vetting but never showed them evidence. (irishtimes.com)
- otherHe supplied the parents with a number of references. (irishtimes.com)
- otherHe minded the seven-year-old boy and his younger sibling in their home. (irishtimes.com)
- otherWhen Covid-19 restrictions were introduced in March 2020, the arrangement changed and Mr Begley minded the children in his own house. (irishtimes.com)
- otherIn April 2020, the boy told his mother about a video Mr Begley had shown him involving a boy being spanked with a belt. (irishtimes.com)
- otherThe boy told his mother that Mr Begley had shown him how to do it. (irishtimes.com)
- otherIn the interview, the boy outlined how Mr Begley had allegedly sexually abused him. (irishtimes.com)
- otherThe child was cross-examined at trial and gave conflicting evidence to what he had given to gardaí. (irishtimes.com)
The reporting
newest first- 29 Mar2023Childminder’s conviction for sexually assaulting boy overturned by appeal court
Provides the full reasoning of the Court of Appeal judgment delivered by Ms Justice Isobel Kennedy, including the cross-examination evidence where the child denied the abuse occurred, the trial judge's refusal to direct an acquittal, and the court's finding that the case fell into the 'exceptional category'.
victim, 7, maleconvicted, Martin Begley, 55, male, named, irish (judged from name)Martin Begley - 29 Mar2023Childminder jailed for sexual assault of boy has conviction quashed
The Court of Appeal quashed Begley's conviction, finding the trial judge erred in law by refusing the defence application to direct an acquittal after the child's cross-examination indicated the alleged offending behaviour had not occurred.
accused, Martin Begley, 55, male, named, irish (judged from name)Martin Begleyvictim, 7, male