Court adjourns priest's rape-conviction

An appeal brought by Co Donegal priest against his conviction for raping a teenage parishioner in the church sacristy over 20 years ago has been adjourned to the next legal term by the Court of Criminal Appeal.

Today the three judge CCA, at the appeal brought by Fr Daniel Doherty (aged 49), Derriscleigh, Carrigart, has appealed his conviction on two charges each of rape and indecent assault, upheld a finding that the inclusion of certain statements from witnesses who did not attend the trial was "procedurally impermissible."

In May 2006 a jury found Doherty guilty of raping the then 13-year-old girl in the sacristy on dates in 1985, and had indecently assaulting her in the parochial house in 1985 and in his car on a date in December 1984.

Mr Justice Philip O'Sullivan sentenced Doherty to a total of seven years in prison and certified Doherty to be registered as a sex offender under the legislation.

Doherty denied all the charges and has appealed, which is before Ms Justice Fidelma Macken presiding sitting with Mr Justice George Birmingham and Mr Justice John Edwards, against both the conviction and the sentence imposed on him.

Moving the appeal Counsel for Doherty Alexander Owens SC argued that statements taken from two witnesses who were in the US and were unavailable for the trial, should not have been read out before the jury at Doherty's trial.

The fact that the statements were put before the jury "did not comply with the Criminal procedures Act" said counsel adding that neither the defence nor the prosecution in the trial had "spotted the problem".

Opposing the appeal counsel for the DPP Denis Vaughan Buckley SC said that the conviction should not be set aside.

Counsel added that in the overall context of the trial that the inclusion of these statements "did not effect the outcome of the trial one way or another."

Giving an interim ruling Ms Justice Fidelma Macken said that the court's preliminary view was that the inclusion of the statements was "procedurally impermissible".

However the judge said that the Court will set out the consequences of its view on that ground after it has heard the balance of the appeal.

The Judge added that it hoped to be able to take up the appeal "as early as possible" as this was "an important case."

During Doherty's trial at the Central Criminal Court the woman said that he stopped his car at a pier while driving her home one night in December 1984 and then climbed over on top of her kissing her and touching her body.

She said he told her not to tell anyone and that anybody would believe a priest before her.

She said he raped her for the first time in the toilet at the sacristy in 1985, the second rape happened in the sacristy after she and another attended confession.

The woman first made her allegations formally in a letter to the Bishop of Raphoe, Dr Séamus Hegarty, in 2003. That led to the Garda investigation and to the trial.

During the 1980's a complaint made to her teachers did not result either in a proper investigation by the school and gardaí were not contacted until she made her formal allegations 18 years later.