Defence claims client did not get fair trial 'in this time of great vindication' for sexual abuse victims

A Dublin man who sexually abused his eight-year-old nephew within a “deeply dysfunctional” household, when he himself was a teenager, has moved to appeal his conviction.

Defence claims client did not get fair trial 'in this time of great vindication' for sexual abuse victims

A Dublin man who sexually abused his eight-year-old nephew within a “deeply dysfunctional” household, when he himself was a teenager, has moved to appeal his conviction.

The Central Criminal Court heard that the accused man, who was 16-years-old when the abuse began, was also having a “deeply inappropriate” sexual relationship with one of the adults in the house.

The 46-year-old man, who cannot be named to protect his victim's identity, was found guilty by a jury of eight counts of indecent assault, one count of rape and one count of sexual assault on dates between 1988 and 1991.

Sentencing him to 10 years imprisonment, Mr Justice Patrick McCarthy said it was a case of great seriousness due to the “appalling regularity” of the abuse and the age of the child at the time. He noted it was a “very dysfunctional” and crowded household.

Opening an appeal against conviction today, the man's barrister, Mary Rose Gearty SC, said society was living in a time of “great vindication” for victims of sexual crime. She said such allegations were taken far more seriously than they were in the past.

But this case highlighted the dangers that result from “what I would call a sea change, and a welcome sea change”.

Ms Gearty said there was a failure to engage with the particular allegations made by this particular complainant in the investigation and subsequent trial.

She said the few islands of fact that there were, were not confirmed. Before he was cross examined the complainant “changed” the two most serious rape allegations and there were new details about threats to kill.

Ms Gearty said the complainant spoke about beatings he would receive and he identified persons in the house, his siblings, who would beg for the beatings to stop.

She said it would have been easy for the Gardaí to take statements from those people. There were other allegations the accused accepted and that was why the Gardaí didn't go further than they did.

The court heard that none of these other people witnessed the alleged crimes, they were witnesses to peripheral matters which occurred in the house and were available to be called by the defence if the defence wished.

Ms Gearty said she didn't understand how the onus was on her to call “unfriendly” witnesses. There was not sufficient vindication of the accused man's rights and the trial judge should have intervened, she submitted.

Counsel for the Director of Public Prosecutions, Orla Crowe SC, said 26 out of 36 allegations were withdrawn by the trial judge.

Ms Crowe said there was “this other background history” of the family making allegations of misconduct but the gardáí carried out a thorough investigation of the allegations going back a number of years.

She said the complainant did not change his account in the witness box. What he actually said was “markedly different” to saying the incident as alleged never happened.

Mr Justice Alan Mahon, who sat with Mr Justice John Edwards and Mr Justice John Hedigan, said the court would reserve its judgment.

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