Case No. 20250Indecent assault · Co. Limerick

Court of Appeal quashes Limerick pensioner's conviction for indecent assaults on nieces

A 73-year-old pensioner from Limerick was alleged to have indecently assaulted his two nieces in the 1980s at the family home. In June 2022 a jury at Limerick Circuit Court convicted him of three indecent assaults, and Judge Patrick Meghan sentenced him to seven years' imprisonment. On 21 July 2023 the Court of Appeal quashed the entire conviction, finding the judge erred in admitting rebuttal evidence from the first complainant's husband. The article does not say whether a retrial will follow.

  1. Reported
  2. Arrested
  3. Charged
  4. In court
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
The Court of Appeal quashed the conviction of a 73-year-old Limerick pensioner for indecently assaulting his two nieces.
Where
The offences were alleged to have taken place in the accused's family home.
When
The offences were alleged to have taken place in the 1980s.
Charges
  • The man pleaded not guilty to all three charges of indecent assault against his nieces.
  • In June 2022 a jury at Limerick Circuit Court convicted the man of three indecent assaults against his nieces.
In court
  • The appeal was lodged on the sole ground that rebuttal evidence from the first complainant's husband should not have been put before the jury.
  • The Court of Appeal ruled that the law permits rebuttal evidence to counter a suggestion of fabrication where a witness is alleged to have fabricated evidence during cross-examination, but held that the judge erred in admitting the husband's rebuttal evidence.
  • The appeal was lodged against the first offence only, but the court held that all counts were heard together, so the appeal could not be limited to the first count.
  • The Court of Appeal quashed the entire conviction after finding an error on count one.
Sentence
The man was sentenced to seven years' imprisonment by Judge Patrick Meghan.
Other details
The article does not say whether a retrial will follow.
12 statements extracted from the articles
  • whatThe Court of Appeal overturned the conviction of a Limerick pensioner for indecently assaulting his two nieces. (limerickleader.ie)
  • whereThe offences were alleged to have taken place in the accused's family home. (limerickleader.ie)
  • whenThe offences were alleged to have taken place during the 1980s. (limerickleader.ie)
  • chargeThe man was convicted by a jury at Limerick Circuit Court of three indecent assaults against his nieces. (limerickleader.ie)
  • chargeThe man pleaded not guilty to all three charges. (limerickleader.ie)
  • courtThe conviction was appealed on the sole ground that rebuttal evidence from the first complainant's husband should not have been put before the jury. (limerickleader.ie)
  • courtThe Court of Appeal ruled that the law permits rebuttal evidence to rebut a suggestion of fabrication where a witness is alleged to have fabricated evidence during cross-examination. (limerickleader.ie)
  • courtThe Court of Appeal held that the judge erred in admitting the husband's rebuttal evidence. (limerickleader.ie)
  • courtThe court held that all counts were heard together, so the appeal could not be limited to the first count. (limerickleader.ie)
  • courtThe Court of Appeal quashed the entire conviction after finding an error on count one. (limerickleader.ie)
  • sentenceHe was sentenced to seven years' imprisonment by Judge Patrick Meghan. (limerickleader.ie)
  • otherThe man had lodged an appeal against his conviction for the first offence only. (limerickleader.ie)

The reporting

newest first
  1. 21 Jul2023
    Court of Appeal quashes Limerick pensioner's conviction for abusing nieces

    Reports the Court of Appeal's decision quashing the conviction, which had followed a jury verdict at Limerick Circuit Court and a seven-year sentence. The article does not say whether a retrial will follow.

    convicted, 73, malevictim, femalevictim, female