Sentence adjourned in unlawful carnal knowledge case

Sentence on a Galway man for unlawful carnal knowledge of his then 15-year-old sister-in-law has been further adjourned pending judicial review of the recent legislation arising out of the "Mr A" case.

Mr Justice Iarfhlaith O’Neill agreed to adjourn the sentencing of the now 33-year-old man to October on the application of Mr Paul Coffey SC (with Mr Patrick McGrath BL), for the Director of Public Prosecutions and Ms Isobel Kennedy SC (with Ms Anne Marie Lawlor BL), defending.

The man was found guilty on day two of his trial at the Central Criminal Court in November last by direction of Mr Justice O’Neill of having unlawful carnal knowledge of the woman in 1995. He cannot be identified in the media by order of the court.

He was found not guilty by the jury last November on two charges of raping the woman twice on dates between April 6, 1994 and April 5, 1995 at his family home and in a field.

The now 22-year-old woman agreed under cross-examination by Ms Kennedy that one of his friends was also acquitted in a separate trial of raping her and that she had complained about this other man to a rape crisis counsellor in 1996 but said nothing then about her brother-in-law.

Garda Ann Murphy told the jury of five men and six women in the trial that the man admitted to gardaí in 2000 having consensual sexual intercourse with the then teenager on a couch in his home after they both had drunk a lot and engaged in a session of kissing and mutual fondling but denied any later sexual activity other than kissing her once in a car.

Garda Murphy also told the jury he expressed remorse for the sexual intercourse incident.

The woman also agreed with Ms Kennedy that she continued to drink and socialise with her brother-in-law at this time and accepted lifts home with him from the pub on occasions. She also spent a day with him travelling around several midland and western towns looking at motorbikes.

She also agreed that she visited him in hospital in 1997 after he had been in an accident. She denied they didn't speak about the sexual activity on the couch because both of them were "ashamed" of their action while her sister slept upstairs in the house.

The man had been due for sentence last January but it was adjourned then on the application of Ms Kennedy who told Mr Justice O’Neill then that the "Mr A" case judgement on the constitutionality of the legislation dealing with unlawful carnal knowledge was pending in the Supreme Court which itself in a previous ruling had raised this issue and was to hear submissions.

Ms Kennedy submitted that if her client were lodged in custody for something that was then found to be unconstitutional "it would not be an appropriate way to proceed". She added that other cases had also been adjourned awaiting outcome of the Supreme Court decision.