Child rapist who tied young victim to the bed and held knife to her throat appeals conviction

The 46-year-old man was found guilty following a trial at the Central Criminal Court sitting in Waterford last year of eight sample counts of rape, nine sample counts of anal rape, eight sample counts of oral rape and nine sample counts of sexual assault on dates between August 2014 and August 2017 at his home in Wexford. The victim was aged between eight and 11 at the time of the offences.

The Wexford man, who can't be named to protect the anonymity of his victim, does not accept the jury's verdicts. He was also found not guilty of three counts of rape at the direction of the trial judge.

He was sentenced to 11 years in prison by Ms Justice Karen O’Connor, who also imposed a period of two years post-release supervision.

At the Court of Appeal on Friday, Eanna Mulloy SC, for the man, argued that the judge failed to have adequate regard for the personal circumstances of the appellant in sentencing.

He submitted that in particular, the sentence was constructed in such a way as to fail to promote rehabilitation.

Mr Mulloy said the man had been using his time in custody constructively, had availed of schooling and was studying English. He said the appellant has been attending mental health and drug addiction courses and has a job as a cleaner.

Ger Small SC, for the State, said the 13-and-a-half-year headline sentence for the vaginal rape could be seen as “generous”. She said this was then reduced to 11 years representing a substantial reduction when the main mitigating factor of a guilty plea was absent.

The appellant also appealed the conviction on a number of grounds, including that the trial judge erred by permitting “an undue proliferation” of exceptions to the hearsay rule. He also objected to the addition of complaint evidence from the girl’s mother.

Mr Mulloy argued that the trial judge erred in law in her charge to the jury by drawing no or insufficient attention to what he described as the conflicts in the evidence and in particular the expert physical medical examination of the complainant acutely relevant to the rape counts.

“The testimonial evidence in this case ran contrary to the real evidence in the case,” he said, adding the girl’s hymen was intact.

Ms Justice Isobel Kennedy said the evidence of the doctor was “neutral evidence” and that was a neutral finding.

Ms Small said the trial judge’s charge was both “fair and balanced”. She submitted that the medical evidence in the case had been neutral and that in her summary of this evidence the judge had reiterated almost the entirety of the evidence given.

Counsel strenuously refuted the suggestion that there was a conflict between the evidence of the expert medical witness and that of the complainant.

Mr Mulloy also submitted that the trial judge erred by failing to deliver a corroboration warning.

A corroboration warning can be given by a judge to a jury to highlight the dangers of convicting a defendant on the basis of uncorroborated evidence.

Ms Small said the trial judge thoroughly and logically considered all of the relevant evidence as it unfolded at trial and correctly applied the relevant principles of law.

She said whether or not to accede to an application to deliver a corroboration warning depends on an assessment of the evidence that has emerged at trial.

Counsel said there was no issue in the case that warranted such a warning being given.

Mr Justice John Edwards said the court was going to reserve all aspects of its decision in the case.

Today's News in 90 seconds - 29th April 2024

The court heard that the abuse came to light when the victim, now aged 17, told a social worker in February 2018 that she had been touched inappropriately by the man, whom she considered to be her uncle, over a three-year period.

The girl was a frequent visitor at the man's house, particularly during weekends and holidays, and would often sleep over.

The court heard the first incident involved the man touching the girl inappropriately at the front door of his home. The victim told gardai that the abuse occurred frequently and included vaginal, oral and anal rapes and sexual assaults.

On one occasion, the man raped the girl while she was tied to the bed. He then held a knife to her throat, telling her he would hurt her if she told anyone. On occasion, the man would get one of his daughters to call the victim and tell her he was looking for her. The final incident of anal rape took place in 2017, when the girl was aged 11.

In a victim impact statement, the girl said the man had taken her childhood and she would never get it back. She said she wished she could be a normal teenager, but now “hates men and my body” and suffers from flashbacks and nightmares.