CCA quashes conviction of man jailed for raping ex's sisters

The Court of Criminal Appeal has quashed a Cork man's conviction for the rape of his former girlfriend's two teenage sisters.

Today the CCA said it was satisfied due to the non disclosure of new evidence there was a real risk that the fairness of the man's trial could have been effected. The court also said that any retrial was a matter for the Director of Public Prosecutions (DPP).

The man was convicted by a jury of four counts of rape and four of sexual assault on dates in 2003 and 2004 at three Cork addresses.

He was jailed in April 2008 by Mr Justice Patrick McCarthy to a total 13 years. The man had strenuously denied the charges, and appealed against his conviction.

It was argued on his behalf by Tim O'Leary SC and Ronan Munro Bl that a claim made by one of the complainants about her sexual history, while preparing a victim impact statement after the man's conviction with a medical professional, were not disclosed to the defence until after sentence was passed.

The DPP had opposed the appeal and argued that the conviction was safe.

The three judge CCA, with Ms Justice Susan Denham presiding and sitting with Mr Justice Liam McKechnie and Mr Justice Daniel O'Keeffe said in its judgment that the absence of the disclosed information and the lack of even a limited form of cross examination of the complainant, and the effect on the trial as a whole, could have "materially affected the jury's consideration of guilt."