Lawyers for father convicted of raping daughter allege victim 'recanted' and admitted 'telling lies during trial'

In February, the 47-year-old man was found guilty of three counts of rape, five counts of anal rape and six counts of sexually assaulting his daughter in the west of Ireland and abroad on dates between 2006 and 2010 when she was aged between seven and 11.

The Central Criminal Court heard that the first rape took place on the day the man took his daughter back into his home after the death of her mother. He referred to her by her dead mother's name and continued to do this during subsequent attacks.

There was evidence he raped her in the toilets of the family home and, on one occasion, in her bedroom when he found her trying to hang herself from a light fixture.

Describing his offending as “depraved”, Ms Justice Deirdre Murphy sentenced him to 15 years imprisonment with the final year suspended. The man had pleaded not guilty to all offences and continues to maintain his innocence.

Opening an appeal against conviction today, the man’s barrister, Micheál P O’Higgins SC, said he would be seeking to adduce "new evidence" concerning the complainant's alleged "recanting" and admission that "she told lies during the trial". A motion to adduce new evidence will be heard next week.

Mr O'Higgins said an incident occurred before the complainant began giving evidence, which didn't "speak well for my client”. The accused was "adjudged to have shouted" at his daughter and a Garda as the victim was walking out of court.

The trial judge took an "extremely dim view" of this and "matters went somewhat downhill after that”, Mr O’Higgins said. The accused’s bail was revoked and he was "locked up" for a period.

"The mood music in the courtroom altered after that," Mr O'Higgins said.

He submitted that the trial judge “failed to hold the scales” of justice evenly between complainant and accused. There was “mollycoddling” and “cosseting” of the complainant which was objectively unfair, he said.

Mr O'Higgins said the book of evidence, when it was first served, contained an allegation of sexual assault against an elder sister. But on the eve of the trial, the DPP indicated that this other allegation would not be proceeding and the only complainant would be the younger sister.

It emerged, Mr O'Higgins said, that both sisters had made "demonstrably false allegations" of sexual abuse and rape against "completely innocent" third parties in the period December 2014 to January 2015.

It was disclosed that when both sisters were interviewed by gardaí, under caution, they admitted having made false allegations against those third parties. It was "very disturbing", Mr O'Higgins said.

He said the family moved to Ireland after a "breakdown" in the accused's relationship with their mother. They were taken into care in Ireland on foot of allegations their father had been physically abusive and was a "chronic alcoholic".

During the complainant's time in care, Mr O'Higgins said she was in contact with her father on Facebook and her communications were "inconsistent" with her allegations. She "maintained a dialogue of warmth and reciprocity".

It was "fair to say" the dialogue was "father led" for the bulk of the time, counsel accepted, but it was necessary to challenge the complainant on her credibility and motivation for all of these reasons, Mr O'Higgins said.

"Unfortunately" she was cross examined for an unusually lengthy period of time - five days. Mr O'Higgins said the complainant was "testy, difficult to manage from everybody's point of view, given to outbursts" and frequently declined to answer questions.

From his client's point of view, she was "clever" and "tactical", Mr O'Higgins said, and the trial judge was "openly supportive of the belligerent position".

The Central Criminal Court heard that the complainant had prepared a draft letter to send to the Children's Ombudsman, Emily Logan, and when it was "deployed" by the defence in cross examination, the complainant "exploded" and "tore up what was a defence exhibit".

Mr O'Higgins said it was "beyond acceptable" but the trial judge sided with the view that the letter breached the complainant's privacy rights. The phrase "no blow too low" came to the trial judge's mind when she referred to the letter, in the absence of the jury.

Counsel further submitted that allegations of a completely different complaint were introduced into the case by the prosecution which was “grossly prejudicial” and of “no probative value”.

Further grounds of appeal related to the decision to allow the complainant give evidence via video link, the trial judge's refusal to direct the jury to find the accused not guilty and a legal ruling regarding extraterritoriality (a number of the offences were said to have occurred outside Ireland).

The hearing continues on Wednesday before Mr Justice John Edwards, Ms Justice Máire Whelan and Mr Justice Patrick McCarthy.

Counsel for the Director of Public Prosecutions, Alex Owens SC, will say the trial judge was determined not to allow proceedings "capsize".