Connemara man has rape appeal dismissed

An appeal by a Connemara man against his conviction for raping and abusing his daughter has been dismissed by the Court of Criminal Appeal.

Patrick Naughton (aged 52), of Cinn Mhara, Camus, Co Galway, was sentenced in April 2002 to 11 years in prison for raping and abusing his daughter Barbara.

He was convicted on 18 sample charges ranging over a period of six years from 1987 when she was nine years old.

He was placed on the register of sex offenders and must remain under supervision for 12 years after his release. Barbara Naughton, who was present at today's proceedings, had waived her right to anonymity.

Today at the Court of Criminal Appeal with Mr Justice Nicholas Kearns sitting with Mr Justice Michael Hanna and Mr Justice John Edwards dismissed all grounds of Naughton's appeal.

Moving the appeal counsel for Naughton Giolliosa Ó Lideadha SC said that documentation which he argued was relevant to the case was not received by the defence until after the trial.

This included notes taken at a case conference in Nov 1997, attended by the prosecuting Garda, social workers as well as the victim's mother and Barbara Naughton.

Counsel said the notes suggested that Barbara had been coached in advance of making a formal statement of complaint to the gardaí.

In addition those notes also suggested that a barring order taken out against Mr Naughton was taken as to protect the other children in the family.

During the trial Counsel argued that it was suggested that barring order was taken out against Mr Naughton in October 1997 due to a threat of violence, which was prejudicial to his client.

Counsel said that notes of a meeting in May 1998, which were not disclosed to the defence, showed that Barbara Naughton had expressed disquiet over allegations that her mother was having an affair with another man.

While this suggesting had been raised and somewhat ridiculed during the trial Counsel argued that this expression of disquiet added to the defence's argument that Ms Naughton's mother had got her (Barbara) to make a false complaint against Patrick Naughton in order to get him out of the way.

Pauline Walley SC for the DPP said that while it was accepted that the documentation was not furnished to the defence she said that the material was "innocuous" and "absolutely not prejudicial" to Naughton's defence.

Counsel argued that the documentation "would not have made any difference" to the defence case, and added that in no way did the prosecuting gardaí coach Barbara Naughton in advance of making a formal statement to the gardaí.

Giving Judgment Mr Justice Nicholas Kearns said that the court was "completely satisfied" that in "all the circumstances that the conviction was safe."

The Court said that the court could not find any evidence that backed up the suggestion that Ms Naughton was coached before making a statement.

"No basis was made out that improper leverage was used to make the witness say things to ensure a successful conviction," said the Judge.

In relation to the barring order Mr Justice Kearns said that the court got no sense in which Naughton and his legal advisors were misled over the barring order.

The Judge said that the jury heard claims that Naughton had beaten up his wife, that she and her daughter were afraid of him, and that before the order was made he had driven his car around where the family were living at night.

The Judge also described as "puzzling and perplexing" the argument the grounds that the disquiet expressed by the victim over the allegations of an affair would make the conviction unsafe.

The Judge said that the court did not see it as logical ground that could have a significant impact on the conviction.

The case attracted national headlines in 2002 when it emerged that someone representing former government minister and progressive Democrats founder Bobby Molloy had tried to communicate with the judge in the case, now retired Mr Justice Philip O'Sullivan.

It emerged that someone representing Mr Molloy had been in touch with the judge, seeking to phone him in his chambers, in order to clarify whether he had received a number of letters from Naughton's sister, Anne.

When passing sentence, Mr Justice O'Sullivan said it had been "quite improper" that any such approach should have been made. The Galway West TD resigned as a Junior Minister the following day.

Mr Molloy, who had been a TD for 37 years, said there was nothing sinister or dishonest in his actions.