Children claim mother told them to falsely allege sex abuse against father

A father convicted 11 years ago of sexually abusing his children has been given permission to go before an appeals court after the children made statements that their mother put them up to the allegations.

The man took his case before Judge Tony Hunt at Dublin Circuit Criminal Court to seek leave to appeal against the conviction imposed before the now retired Judge Frank O’Donnell in November, 2000.

Judge Hunt refused leave to appeal based on the argument that Judge O’Donnell made an error in not allowing the man to change his plea to not guilty.

He also refused leave to appeal based on the emergence of new evidence - the statements made by the children withdrawing their original allegations.

However he granted the man leave to file the case to the Court of Criminal Appeal by close of business today.

The 47-year-old man originally pleaded guilty to six counts of sexual assault over a two-and-a-half-year period on dates unknown between December 31, 1993 and April 1, 1996.

The man took the plea on October 23, 1998 but then indicated that he wished to change his guilty plea to one of not guilty.

Judge O’Donnell refused this application following many hearings of legal argument since he was first arraigned.

Giving background to the case, counsel for the man, Ms Iseult O’Malley SC, said there had been a failure by gardaí and the health services at the time to make full disclosure to the defence, specifically a garda interview with another child who was not a family member.

Ms O’Malley said the man’s wife had also alleged he had sexually abused this other child.

This boy was interviewed by gardaí and strenuously denied the allegations and said the wife was “mad” and “only saying these things to get at (her husband).”

Ms O’Malley said the wife testified that this was true when the defence were applying to allow the man change his plea to not guilty.

However Judge O’Donnell said he did not believe this woman as a witness and did not believe the disclosure issue was relevant. He then refused the application.

Counsel said the children, who are now both in their twenties, have made statements denying any abuse took place and saying their mother got them to make the allegations. She said their mother also now denies the abuse took place.

Ms O’Malley said her ultimate goal was to get the conviction quashed in light of the new evidence establishing her client’s innocence.

When asked by Judge Hunt why her client had waited so long to appeal the conviction, she said he wanted to wait until his children were over 18 before they made the statements so there could be no question that they were coerced into it. She added there were also financial considerations.

Counsel for the State, Mr John Aylmer SC, submitted that there was no need for the application to be made in the Circuit Court and that Ms O’Malley could have gone straight to the CCA.