Limerick man's bid to overturn rape conviction rejected
A bid by a Limerick man to overturn his conviction for raping a woman in her home almost four years ago was rejected today.
The Court of Criminal Appeal said it had “no hesitation” in refusing an appeal brought by Roger Ryan.
Ryan (aged 32) of Clonlong Caravan Site, O'Malley Park, Limerick was jailed for 10 years after he was found guilty in January 2009 of raping the victim at her home in a Co Tipperary town on June 16, 2006.
The sentencing judge, Mr Justice Paul Carney at the Central Criminal Court, considered as "highly aggravating" that Ryan broke into the woman's house in the middle of the night.
Two other men who where there left the house and Ryan went to the woman's bedroom, punched her in the face and raped her.
When he left the house later she went to her mother's home and gardaí were contacted.
Imposing a 10- year sentence on the man in February 2009, Judge Carney said the defendant's hopes for the future were "somewhat hollow" considering his 85 previous convictions.
At the hearing of Ryan’s appeal, his lawyers argued the trial judge erred in principle by refusing to give an explanation for his unwillingness to give a corroboration warning in respect of evidence given by the complainant.
The CCA held there was “no attempt” either before or after the judge's response that he would not be giving such a warning, to put forward any reasons why it was appropriate for him to do so in this case.
The three-judge appeals court said corroboration warnings were a matter “left to the discretion of the trial judge”, and that if counsel for accused people do not press for a warning at the time, then its absence should “not be entertained as a ground of appeal”, apart from in “exceptional circumstances”.
The court also held the argument that reasons must be outlined for why a warning was not given, amounted to “an over-literal interpretation” of a previous judgement of the court where there had been “an express request” for a warning by defence lawyers.
The CCA of Mr Justice Hugh Geoghegan presiding, sitting with Mr Justice Declan Budd and Mr Justice Eamon de Valera said, in any event, there was “nothing special or peculiar” in the evidence in this case which could give rise for a “reasoned ruling” to be “necessary”.
An appeal by Ryan against his sentence has been withdrawn.
His previous convictions included kidnap, assault, burglary, theft and criminal damage offences.
