Limerick man jailed for raping his younger brother has appeal over conviction dismissed

Abuse took place in family home on dates between January 1998 and December 2002 and started when victim was 10 years' old, court heard

Graham Daly, 39, was jailed for eight-and-a-half years in 2022 after he was convicted of seven counts of the rape and sexual abuse of his brother.

A Limerick teacher who was convicted of raping his younger brother has had his application to overturn his conviction dismissed in the court of appeal.

Graham Daly, 39, was jailed for eight-and-a-half years in 2022 after he was convicted of seven counts of the rape and sexual abuse of his brother, Thomas Daly, 35, from Raheen, Co Limerick.

In the Court of Appeal on Friday, Mr Daly’s application to overturn his conviction was refused before a three-judge court.

The accused had claimed his brother’s motivation for reporting him to the gardaí was because of “anger and resentment” after his sexuality had been revealed to his parents.

On Friday, Justice John Edwards, Justice Patrick J McCarthy and Justice Úna Ní Raifeartaigh said trial Judge Karen O’Connor had “struck the balance” during the cross-examination of the complainant.

Delivering the court’s judgment, Justice Edwards said: “It is clear from the transcript that it was in fact fulsomely advanced that the complainant had been incandescent with anger and bitterly resentful arising from things that his brother the appellant had said to his parents.

“We are satisfied in the circumstances that the defence case would have been fully appreciated and understood by the jury, albeit that they ultimately rejected it.

“The first ground of appeal is therefore dismissed”.

Another point of appeal was based on one of the witnesses (Mr C’s) evidence in the case. The defence argued that it was unfair to the accused.

However, the court said: “We are satisfied that Mr C’s evidence was relevant”, and said “the appeal should be dismissed”. 

Sentence appeal

Daly has also appealed his sentence, the decision into that application will be delivered on Monday, November 12, at 10.30am.

Daly was supported by his parents in court as well as his younger brother, who waved at him when he entered the dock.

Thomas Daly sat with his partner Dean Tier and a member of the Dublin Rape Crisis Centre (DRCC).

Mr Daly said during his evidence last year that he had lost his family over reporting his brother to gardaí.

During the case last year, the court heard Thomas was four years younger than his brother when the abuse began, at the age of 10.

The court heard the assaults happened mostly in the family home in Raheen, Co. Limerick, on dates between January 1998 and December 2002.

However, on sentencing in January 2022, the court was told Daly did not accept the verdict of the jury and continues to maintain his innocence.

He later appealed his conviction, which was heard in November 2022, and the outcome of that application for his conviction was delivered on Friday morning.

Speaking to the Irish Examiner ahead of the decision, Thomas Daly said he had not slept since learning about the forthcoming court case.

“It’s nearly two years since he was found guilty” he said. “I haven’t slept since I got the news about outcome of the appeal.

“I’m 35 years old now and all of this has been going on since I was 10 years old.

“So many years of my life have been stolen.

“I still have nightmares of the original trial and worried I will have to do this all over again. I don’t think I can, it is destroying me. People don’t realise how hard it is. I was on the stand for nearly four full days.

“I know I am strong because I have no choice to be but just because I am doesn’t mean I have to be all the time. I can’t fall apart because there is no one to catch me if I do “as in my old family”.

“The not sleeping is a worst fate than death itself, I am constantly suffering”.

The trial

During the trial, both brothers took the stand and Mr Daly claimed his brother was “lying because he was jealous of his achievements".

In his defence, he claimed Thomas Daly "wanted to destroy” his older brother's life because he had disclosed to his parents that he is gay.

Thomas Daly denied the claims, adding he had nothing to gain going to court because his family had “abandoned him” over reporting his brother to gardaí.

The harrowing case was heard over a three-week period, between Croke Park, which was used temporarily during covid, and the Central Criminal Court.

Mr Daly told the court he had been abused by his brother from January 1998 to December 2002, and that the abuse, which began when Thomas was 10, mostly occurred at their home in Raheen, Co. Limerick.

The court heard his parents, Patricia, and Ger Daly, who gave evidence ­during the trial, supported their son Graham after being told of the abuse.

During one sitting, Mrs Daly waived at her son Graham and shouted: “We love you Graham”.

Graham Daly was convicted by unanimous verdict of seven counts of rape at the Central Criminal Court on December, 21, 2021, and was sentenced to eight-and-a-half years in jail in January 2022.

Victim impact statement

Thomas Daly said during his evidence last year that he had lost his family over reporting his brother to gardaí. Picture: Brendan Gleeson

In his victim impact statement Thomas Daly told the court “My parents blamed me, took the side of my brother and I was forced out of the family home.

“I was telling the truth and I have proved it. It’s easier for them to believe that I’m a liar than believe their oldest son is a paedophile rapist”.

Mr Daly also said he had kept the secret for 18 years and it was “such a relief to share the burden”.

He told the court his father Ger Daly had accompanied him to the Garda station when he revealed the abuse.

However, he said his parents were only willing to support him if he kept the abuse “among ourselves”.

“While should I stay silent?” he said in court. “I was happy for everyone to know”, but it proved “detrimental” to his family life.

Mr Daly has no contact with his immediate family since then, and paid tribute to his partner Dean Tier and Dean’s grandmother, Anne O’Brien, from Limerick.

He told the court he has suffered nightmares since the abuse, and has struggle with depression, insomnia, PTSD and suicidal thoughts over the abuse.

Sentencing

During sentencing, Judge Karen O’Connor said Graham Daly was “a big brother who should have protected his younger brother”.

She also said Mr Daly was treated as a juvenile in the sentencing process because he was under 18 when the offences took place.

His defence barrister Colman Cody told the court his client is “adamant” he is innocent and does not accept the verdicts of the jury.