Court reserves judgement in rapist appeal

The Court of Criminal Appeal has reserved judgment in an appeal brought by man against his conviction and seven-year jail sentence for raping a then 14-year-old babysitter at knifepoint in 1996.

In 2003 Thomas O'Regan (32), of O'Neill Place, Killavullen, Mallow, Co Cork, was convicted of raping the girl, between May 1st and July 1st 1996, after being found guilty by a jury at the Central Criminal Court following a five-day trial.

The court was told that the rape took place at a house, where the girl was babysitting. O'Regan who had denied the charges against him, knew the residents of the house.

Following the verdict Mr Justice Michael Peart sentenced O'Regan to seven years in prison. O'Regan appealed both conviction and sentence.

He has served just over seven months of the sentence and has been remanded on bail for the last four years as aspects of his appeal were subject to a determination by the Supreme Court.

Today the three judge CCA of Mr Justice Joseph Finnegan presiding, sitting with Mr Justice Kevin Feeney and Mr Justice Brian McGovern reserved judgment in the matter.

Moving the appeal Counsel for O'Regan Giolliosa Ó Lideadha SC said that "a real risk of a miscarriage of justice" existed in this case.

Counsel said that during the trial a friend of the then 14 year-old girl had given evidence about a conversation they had about what had alleged happened in the house.

Counsel said that the account given by the friend of what the girl said to her about the incident and the details of her complaint were different and inconsistent with each other.

Further grounds of the appeal included that the trial judge had erred in relation to the evidential value of statements made by accused during his charge to the jury.

Opposing the appeal Pauline Walley SC for DPP disputed that a there was a risk of a miscarriage of justice.

Counsel said that the account given by the girl's friend was not inconsistent but were a limited account of what had happened.

Counsel further argued that the conviction against O'Regan should stand.

In 2003 the Central Criminal Court was told that the girl was watching television when the O'Regan knocked on the door at midnight.

The court heard that O'Regan attacked the girl and held something sharp to her throat which felt like a knife.

She struggled but he said he would hurt her if she did not do what he wanted.

The defendant raped her on the bed and against a wall. He left the house after the girl managed to break free and run downstairs.