Ireland Case No. 21666Sexual assault · Co. Dublin
Man's sexual assault conviction quashed over child witness's lack of memory
A 50-year-old man's conviction for sexually assaulting a six-year-old girl at a Dublin address in October 2016 was quashed by the Court of Appeal on 21 March 2023, because the girl's substantially impaired memory at the time of cross-examination at age 11 rendered the defence's right to cross-examine effectively meaningless, creating a real risk of an unfair trial.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In courtnot reported
- Acquitted21 Mar
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports16 statements extracted from the articles
- whatThe man was 50 years old and could not be named to protect the child's identity. (irishmirror.ie)
- whatThe man was convicted of sexually assaulting his daughter's six-year-old friend. (irishmirror.ie)
- whatThe girl was 11 at the time of the third trial. (irishmirror.ie)
- whatThe girl alleged the man put his hand up her skirt and touched her private parts for seconds or minutes. (irishmirror.ie)
- whatThe girl had no memory and only flashbacks of the incident when her video interview was played back. (irishmirror.ie)
- whatThere was a four-and-a-half year gap between the video recording when the girl was six and the trial cross-examination when she was 11. (irishmirror.ie)
- whatThe man was in the sitting room with the victim and her friend, his daughter, and the children were struggling with an iPad. (irishmirror.ie)
- whatThe girl claimed the man put his hand up her skirt and touched her vagina outside of her underwear while sitting next to her. (irishmirror.ie)
- whereThe alleged assault took place at a Dublin address in October 2016 while the girl was visiting the man's daughter. (irishmirror.ie)
- investigationThe man was arrested and interviewed during which he denied the allegation. (irishmirror.ie)
- chargeThe man had pleaded not guilty of sexually assaulting the girl. (irishmirror.ie)
- courtThe man was unanimously convicted by a Dublin Circuit Criminal Court jury in May 2021. (irishmirror.ie)
- courtIt was the man's third trial, with previous juries discharged once due to Covid and once due to an absence of disclosure from the prosecution. (irishmirror.ie)
- courtThe Court of Appeal allowed the appeal and quashed the conviction. (irishmirror.ie)
- courtThe judge found the conviction should be quashed on the basis of a real risk of an unfair trial. (irishmirror.ie)
- sentenceThe man was sentenced to four years' imprisonment by Judge Elma Sheahan. (irishmirror.ie)
The reporting
newest first- 21 Mar2023Man's conviction for sexual assault of girl, 6, quashed over her lack of memory
The Court of Appeal, led by Ms Justice Úna Ní Raifeartaigh, quashed the man's conviction and four-year prison sentence, finding that the four-and-a-half-year gap between the video interview (when the girl was six) and trial cross-examination (when she was 11) meant her memory was substantially impaired, denying the accused his constitutional right to cross-examine.
accused, 50, malevictim, 6, female