Ireland Sexual assault conviction quashed at Dublin Court of Appeal
A 50-year-old man, who cannot be named to protect the child's identity, was convicted in May 2021 of sexually assaulting his daughter's six-year-old friend at a Dublin address in October 2016. The girl alleged the man put his hand up her skirt and touched her private parts while the children were in the sitting room. He was sentenced to four years' imprisonment by Judge Elma Sheahan after a unanimous verdict at his third trial. The Court of Appeal quashed the conviction on 21 March 2023, finding that the four-and-a-half-year gap between the girl's video interview at age six and her cross-examination at age 11 created a real risk of an unfair trial.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In courtnot reported
- Acquitted21 Mar
2 reports - Sentenced
Key facts
consolidated from all reports- What happened
- The man, 50, was convicted of sexually assaulting his daughter's six-year-old friend.
- The girl alleged the man put his hand up her skirt and touched her vagina outside her underwear while sitting next to her in the sitting room.
- Where
- The alleged assault took place at a Dublin address while the girl was visiting the man's daughter.
- When
- The alleged assault occurred in October 2016.
- Investigation
- The man was arrested and interviewed, during which he denied the allegation.
- Charges
- The man pleaded not guilty to the sexual assault.
- In court
- The man was unanimously convicted by a Dublin Circuit Criminal Court jury in May 2021 at his third trial, after juries were discharged once due to Covid and once due to an absence of disclosure from the prosecution.
- The Court of Appeal quashed the conviction on 21 March 2023, finding a real risk of an unfair trial due to the four-and-a-half-year gap between the girl's video interview at age six and her cross-examination at age 11.
- Sentence
- The man was sentenced to four years' imprisonment by Judge Elma Sheahan.
- Other details
- The man cannot be named to protect the identity of the child.
- The man developed a serious drink problem and gambling addiction.
25 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, thejournal.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)
- whatThe girl had no memory of the incident, only flashbacks, when her video interview was played back (thejournal.ie)
- whatThe man developed a serious drink problem and gambling addiction (thejournal.ie)
- whatThe girl told Gardaí the man touched her vagina outside her underwear while sitting next to her (thejournal.ie)
- whereThe alleged assault took place at a Dublin address in October 2016 while the girl was visiting the man's daughter. (irishmirror.ie)
- whereThe alleged assault took place at a Dublin address while the girl was visiting the man's daughter (thejournal.ie)
- whenThe alleged assault occurred in October 2016 (thejournal.ie)
- investigationThe man was arrested and interviewed during which he denied the allegation. (irishmirror.ie, thejournal.ie)
- chargeThe man had pleaded not guilty of sexually assaulting the girl. (irishmirror.ie)
- chargeThe man had pleaded not guilty to the sexual assault (thejournal.ie)
- courtThe man was unanimously convicted by a Dublin Circuit Criminal Court jury in May 2021. (irishmirror.ie, thejournal.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)
- courtIt was the man's third trial after juries were discharged once due to Covid and once due to absence of disclosure (thejournal.ie)
- courtThe Court of Appeal quashed the conviction on 21 March 2023 (thejournal.ie)
- courtThe conviction was quashed on the basis of a real risk of an unfair trial (thejournal.ie)
- sentenceThe man was sentenced to four years' imprisonment by Judge Elma Sheahan. (irishmirror.ie)
The reporting
newest first- 21 Mar2023Man has conviction for sexually assaulting six-year-old quashed due to child's lack of memory
Court of Appeal quashed the conviction, finding the four-and-a-half-year gap between the video interview and trial cross-examination left the child with little or no memory, rendering the right to cross-examine meaningless and creating a real risk of an unfair trial.
accused, 50, malevictim, 6, female - 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