Donegal priest loses appeal against conviction for raping teen

A Co Donegal priest has lost his appeal against his conviction for raping a teenage parishioner in a church sacristy almost 25-years-ago.

Today the three judge Court of Criminal Appeal dismissed an appeal brought by Fr Daniel Doherty (aged 49) with an address at Derriscleigh, Carrigart, against his conviction on two charges each of rape and indecent assault.

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 appealed against his conviction. The DPP opposed his appeal.

Doherty's grounds of appeal included that certain evidence put before the jury should not have been included as it was highly prejudicial to the defence, and that judge's charge to the jury at Doherty's trial in the Central Criminal Court was flawed.

Doherty had also claimed that his legal team had generally failed to protect his interest.

Yesterday CCA of Ms Justice Fidelma Macken, presiding, sitting with Mr Justice George Birmingham and Mr Justice John Edwards, said it was satisfied that no grounds that would render Doherty's conviction unsafe had been made out.

During Doherty's 2006 trial his victim 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 person 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.