Court dismisses man's appeal against conviction for abuse of two sisters

The Court of Criminal Appeal has dismissed a 74-year-old Galway man's appeal against his conviction for sexually abusing two young sisters on a regular basis during the 1960s and 1970s.

Anthony Hardiman, of Cardinal Cushing Road, Mervue, Galway was convicted by a jury at Galway Circuit Court of more than 50 charges of indecent assault against the sisters and one count of buggery against one of the girls on dates between 1968 and 1980.

The two sisters are now adults and were young girls at the time of the abuse.

Today, the three-judge CCA composed of Ms Justice Fidelma Macken presiding, sitting with Mr Justice Declan Budd and Mr Justice Daniel O'Keeffe dismissed all grounds of Hardiman's appeal and rejected his claims that his conviction was unsafe.

Judge Raymond Groake subsequently jailed Hardiman, a former ballroom dancer, for a total of seven years, with the final year suspended on terms.

The abuse of one sister commenced in 1968. The abuse of the other commenced in 1972.

The Judge said the sisters had been the victims of a “persistent regime of depravity” and had been subjected to a “reign of terror” at the hands of Hardiman.

Hardiman, who denied the charges, appealed his conviction. He was not present in court for yesterday's ruling.

Martin Giblin SC for Hardiman claimed the verdict was unsafe and should be set aside on grounds including that evidence given during the trial should not have been allowed to go before the jury, that the trial judge misdirected the jury during his charge, and that the Judge should have agreed to separate trials in respect of each complainant.

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

Giving the decision at the Four Courts today, Ms Justice Fidelma Macken said the CCA was satisfied the trial judge was correct to refuse the defence's application not to allow separate trials.

The CCA said the argument that the trial judge had misdirected the jury in his charge was without merit. It noted that there had been no application by the accused to have the jury recharged.

The CCA further ruled that Judge Groake did not make an error of law by refusing to dismiss the jury after evidence by one of the complainants, which the defence argued was prejudicial, was heard by the jury.

The Judge, the CCA added, had carefully considered the matter, issued an appropriate warning to them in relation to the evidence at controversy, and was within his discretion not to dismiss the jury.

There was, the CCA concluded, nothing arising out of Judge Groake's decision in this regard that rendered Hardiman's trial unsatisfactory or the verdict unsafe.

Hardiman's appeal against the severity of his sentence will be heard at a later date.