Man who raped 85-year-old woman refused permission to appeal

A man convicted of raping an 85-year-old woman has been refused permission to appeal his case to the Supreme Court.

Simon McGinley of Latlorcan Court, Monaghan has a previous conviction for raping a 13-year-old girl in the 1990s. The girl was at the centre of a legal action on abortion known as the 'C case'.

McGinley is currently serving 19 years for raping an elderly woman after forcing his way into her home on June 16, 2008.

He failed to overturn his conviction on appeal. Today, his lawyers argued his case should go to the Supreme Court on a legal point of exceptional public importance relating to the judge's charge.

They argued the trial raised a question as to how a judge should direct a jury on the standard and onus of proof and how they should use the rules and principles to determine if a person is guilty or not guilty.

In reply, lawyers for the State said there was no uncertainty in this area of law.

Today, the court refused to allow the case go to the Supreme Court having found the judge at Simon McGinley's trial instructed the jury on legal principles in a clear and unequivocal manner.