Rapist claims 'rug was pulled' from under lawyers following daughter's 'stark' testimony
The Cork man, who cannot be named for legal reasons, had pleaded not guilty but was convicted on November 3, 2023 by a Central Criminal Court jury sitting in Cork of 71 counts of rape, oral rape, indecent assault, and sexual assault. Stock picture
A 67-year-old man who repeatedly sexually abused and raped his daughter for almost a decade, beginning on the day of her first Holy Communion, has claimed the “rug was pulled” from under his lawyers when the victim told his trial that on one occasion she had wiped semen from her leg with a teddy bear.
His legal team told the Court of Appeal on Friday that this “stark” piece of testimony was given by the complainant during her direct evidence.
It emerged during cross-examination that the girl had reported the incident to the gardaí, but this detail had not been disclosed to the defence.
They claim the judge was wrong not to discharge the jury and select a new panel of jurors to hear the case.
The Cork man, who cannot be named for legal reasons, had pleaded not guilty but was convicted on November 3, 2023 by a Central Criminal Court jury sitting in Cork of 71 counts of rape, oral rape, indecent assault, and sexual assault.
Mr Justice Paul Burns sentenced him to 11 years in prison in January 2024.
The trial heard the abuse took place in the family home over a period spanning from when the girl made first Holy Communion, aged seven, in May 1988 until November 1997, when she was almost 17.
The complainant said the abuse began with inappropriate touching between her legs when her father was drying her after her bath and eventually escalated to full sexual intercourse when she was aged between 14 and 17.
The man has appealed his conviction, arguing that the judge erred in refusing to discharge the jury after the victim gave evidence about the incident with the teddy bear which had not been disclosed to the defence.
The injured party told the court her sister later picked up the teddy bear and noticed the staining. She brought it to their mother who said it must have been from a snail.
Thomas Creed, for the man, told the Court of Appeal on Friday that this was a “stark piece of evidence” and that the “the rug was pulled from under him” as a result.
He said that during cross-examination, he put it to the girl that this was the “first time we have heard about this” and she replied that she had told a member of the gardaí about it.
He said he was “somewhat taken aback” by this and it had subsequently transpired that she “did mention the teddy bear” to a member of the force.
Counsel said the garda subsequently told the court in the absence of the jury that he had made a “mental note” about it at the time, and had then made further inquiries about which the garda made “no note whatsoever”.
Mr Creed said he was "wrong-footed" and compromised by the evidence, was deprived of a certain line of questioning, and his cross-examination was damaged.
The judge should have discharged the jury but failed to do so, counsel said. Mr Creed said other jurors were available and could have been sworn in the following day.
Responding on behalf of the State, Alice Fawsitt said what happened had been an “oversight” and nothing was known of it before the trial started.
She said it related to one incident in a case involving a total of 71 allegations. Counsel said there had been “a myriad” of evidence in respect of the victim and the defendant’s semen during the incidents outlined by the complainant.
Ms Fawsitt said that when the judge made his decision, he took the view that this was insignificant “in the grand scheme of things”.
She said the victim’s sister had given evidence that she had no recollection of the teddy or the incident and her mother also did not recollect the event.
Ms Justice Isobel Kennedy said the court would reserve judgment and deliver its decision at a later date.
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