
Trial of two men and woman accused of sexually abusing young girl reaches closing stages
Jurors in the Central Criminal Court trial heard closing speeches on behalf of the prosecution and the three defendants on Monday.
Advertisement
The complainant's mother, who is in her 50s, has pleaded not guilty to 13 counts of sexual assault on dates between 2000 and 2009, and between 2012 and 2014, primarily at the family home.
She also pleaded not guilty to one count of rape, in that she facilitated the rape of the complainant by her uncle.
The complainant's uncle, who is in his 40s, has pleaded not guilty to five counts of rape and one of oral rape on dates between 2003 and 2012, all at the family home.
A second man, who in his 50s, has pleaded not guilty to one count of oral rape between 2008 and 2009 at the same address. The jury has heard he was a friend of the accused woman's then partner.
Advertisement
The three defendants cannot be named for legal reasons.
Closing the case on behalf of the prosecution, senior counsel Anne-Marie Lawlor asked jurors to consider if the complainant had 'come here to tell you a pack of lies, a manufactured, fabricated account of abuse'.
She continued by asking the jury to consider if the complainant told lies in her initial statement to gardaí in 2019, then maintained 'a fabricated, made up account of what happened to her' since then.
Ms Lawlor submitted that the complainant was telling the truth, without 'embellishment'.
Advertisement
She told jurors they must decide if the fact that the complainant cannot give other details about the alleged incidents 'detracts from the core of what she told you'.
She suggested what jurors heard was 'unadulterated, unembellished, consistent evidence' from the complainant who came to court 'to tell you what happened to her'.
She noted the evidence that the complainant's childhood home was 'chaotic' and that the adults had issues with alcohol.
Ms Lawlor suggested the complainant's mother minimised her use of alcohol during garda interviews.
Advertisement
She asked the jurors to consider if the complainant's mother is 'willing to misrepresent' her alcohol intake, 'what else is she misrepresenting'.
In their speeches, the three defence counsel asked jurors to exercise caution due to the passage of time since these alleged incidents occurred. They also noted the absence of evidence to corroborate the allegations made by the complainant, and to consider the reliability and consistency of her evidence.
Desmond Dockery SC, representing the complainant's mother, said his client was 'never in trouble in her life' and 'never expected to find herself here today'.
He told jurors they 'must not conflate' alcohol abuse or other issues in the household with the separate issue of sexual misconduct.
Advertisement
He noted the complainant said his client sexually assaulted her for the first time when she was approximately three-and-a-half. He asked the jury to consider if anyone could reliably remember events from that age.
Mr Dockery asked the jurors if they can be satisfied beyond a reasonable doubt in relation to a 'bare assertion shorn of details'.
Later, he suggested that the allegations made against his client cannot be 'roadtested' as the complainant cannot remember details.
Referring to the allegation that his client facilitated the rape of her daughter by her brother, he told jurors that if they find the complainant's uncle guilty of rape, it does not follow that his client aided and abetted this.
He told jurors they must be convinced his client was in the room and knew what was going to happen. He suggested the evidence was not there to show this.
Mr Dockery said if jurors find the complainant's uncle not guilty on this rape, they must also acquit his client.
Counsel suggested that his client's reaction was of shock, sadness and disappointment when interviewed by gardai
He accepted that his client appeared to have minimised her consumption of alcohol when speaking to gardai, but suggested anyone who has issues with alcohol may do this.
Mr Dockery told jurors that not guilty verdicts do not mean his client is innocent or the complainant 'not worthy of belief'.
'All they would mean is that this is one of those cases that is not capable of being proven to a standard beyond reasonable doubt,' he said.
In his closing speech for the complainant's uncle, Michael Lynn SC submitted the key question was not whether complainant is telling lies, but whether the evidence is sufficient to convince jurors beyond a reasonable doubt of his client's guilt.
He noted the complainant made no allegations of a sexual nature when speaking to the gardai in 2015 about a separate matter.
Counsel also referred to the complainant's counselling notes from 2016, which state she said her uncle did not sexually or physically abuse her.
He noted that the counselling records from 2016 also refer to the complainant getting memories and being unsure if they are real or not.
Mr Lynn pointed to a letter written by the complainant in 2019, where she referred to allegations against her mother and other males, without being able to recall the details.
Mr Lynn noted that the complainant began to attend counselling with a rape crisis centre shortly after writing this letter and it 'seems from that moment on, these beliefs about [her uncle] are formed'.
'You can't convict someone on a feeling or belief that something happened,' Mr Lynn submitted, suggesting later that 'these do seem to be beliefs that are formed in 2019 onwards'.
He also suggested jurors consider the different accounts of the complainant and the two female family friends in relation to the breakdown of their relationship when assessing the complainant's credibility.
Damien Colgan SC, defending the second man, asked jurors to look at his client's interviews with gardai, where he refers to the complainant as a 'lady'.
He suggested this indicated his client's attitude to the complainant, that she is a 'lady' and 'he would never touch a lady'.
Mr Colgan asked jurors to consider the complainant's direct evidence that she was 13 when this alleged incident occurred and her acknowledgement in cross-examination that she said that she was 11 in her garda statements.
He described this as a 'glaring mistake', adding there is a 'big difference' between an 11-year-old and 13-year-old.
He suggested the complainant was 'caught out on her own evidence, before cross-examination'.
Mr Colgan suggested the complainant had told 'mistruths', or what she referred to as 'mistakes'. 'If they are mistakes, they are serious, big mistakes,' counsel said.
Ireland
€60m whiskey contract dispute between firms settle...
Read More
Mr Colgan said the complainant agreed his client didn't threaten her to keep this alleged incident a secret and she could have told others what had happened.
In relation to the complainant's evidence that his client told her 'your mother knows', Mr Colgan suggested an 11-year-old and 13-year-old would 'confront their mother', but the complainant did not do this.
The trial continues befor Ms Justice Eileen Creedon and the jury.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Telegraph
25 minutes ago
- Telegraph
Half of all criminal convictions decided in secret
Nearly half of all convictions in England and Wales are being decided in secret by a single magistrate without the defendant appearing in court or having any legal representation, a new report has revealed. Out of a total of 1.5 million convictions handed down last year, some 772,580 were issued by magistrates behind closed doors under a system designed to speed up justice and clear the backlog of cases left by the pandemic. The number of such prosecutions has doubled since their introduction in 2015 under the Single Justice Procedure (SJP) where a volunteer magistrate sits alone with an on-call legal adviser to pass judgment on as many as a 100 cases a day. They now account for two thirds of all magistrates' cases. At least 110 different crimes can be prosecuted under the SJP system, from speeding and out-of-date MOTs to failing to get your child to attend school and littering. However, the majority (73 per cent) of those accused do not plea guilty or not guilty, double the rate of 38 per cent in open magistrates' hearings, according to an investigation by Transform Justice, a charity that campaigns for fair justice. Most defendants do not enter any plea partly because prosecution forms are sent by post with no proof of receipt required. This means they can end up at the wrong address, get lost or be dismissed as junk mail, according to the report. 'People are given three weeks to fill in the prosecution form and are not sent a reminder. Those who do not respond to the prosecution notice are nearly always judged as guilty and sentenced in their absence,' said Transform Justice. 'This means most people convicted under the SJP have not pleaded, and may not even know or understand they have been prosecuted. Many SJP cases are reopened by defendants who say they never received the prosecution notice, and only knew about it when they got a letter saying they had been convicted.' Most SJP offences are 'strict liability', which means prosecutors do not have to prove the defendant intended to commit the offence, nor whether the prosecution is in the public interest. ''I made a mistake' is not a valid legal defence,' said the report. As a result, people have been fined for minor errors. One person was prosecuted for selecting a 16-25 age railcard discount when they had a 26-30 railcard, even though the price for the tickets was the same. Transform Justice said that the way many of the prosecution forms were structured meant any mitigating factors a defendant might want to put forward, such as any disabilities, could be missed or ignored. 'The greatest injustice of the SJP is that it facilitates convicting people for mistakes, and for errors made due to illness or disability. We are prosecuting people at an industrial scale, often without any evidence they intended to commit a crime, with few safeguards,' said Penelope Gibbs, director of Transform Justice. 'There is nothing wrong with some crimes being strict liability (where no intention needs to be proved), but to do so using an inaccessible, untransparent system is surely unfair.' Organisations that can prosecute using SJP include police, DVLA, local councils, the BBC and train companies but unlike the Crown Prosecution Service (CPS), there is no requirement to conduct a test of whether a prosecution is in the public interest. An investigation by the Office for Road and Rail (ORR) found four train operating companies (TOCs) had no formal test for deciding whether to prosecute in the public interest and it was 'unclear' if there was a test in other TOCs. It found some SJP prosecutors had no legal qualifications. The majority of TOCs 'appear not to require any formal qualifications or accreditation for their prosecution staff, relying instead on various combinations of on-the-job training and in-house or externally delivered training,' said the ORR. Some prosecutors had as little as five days' training. 'Where TOCs provided information on the length of internal training, this varied considerably – from five days to three months,' said the ORR. In one case, Sarah Hodgson, a rail passenger, challenged her fare evasion charge. Magistrates found the case so weak they asked why the rail company went ahead with the prosecution. Its legal representative said: 'I'm just representative of them and my instruction is to proceed. I'm not an expert in railways laws.' An SJP conviction is a criminal conviction but defendants can only avoid a criminal record if they pay the fine. The average SJP fine is £284 but can be as low as £40 or as high as £10,000 for the worst Covid offences. They can also be ramped up by prosecuting authorities adding on legal costs. The SJP procedure has been successfully challenged after a campaign led by Christian Waters, who won a landmark ruling that the SJP had been wrongly used for 74,000 prosecutions for alleged fare evasion, leading to the convictions being quashed. As a result of that case and campaigns by Transform Justice, the Government is considering how to improve scrutiny of prosecutors. Ms Gibbs said there needed to be 'more reform and fast' to end the 'systemic injustice'. A Ministry of Justice spokesman said: 'The Government recently consulted on the Single Justice Procedure and regulation of private prosecutors to review what more can be done to support vulnerable defendants, and we will respond in due course. 'The decision to prosecute cases under the Single Justice Procedure is made by the prosecuting authority, and only uncontested and non-imprisonable offences are eligible.'


The Sun
an hour ago
- The Sun
MAFS star ‘sexually assaulted on honeymoon by partner during filming' as cops probe claims
A MARRIED At First Sight star claims to have been sexually assaulted by their new partner during filming. Police are probing the contestant's allegations made, The Sun understands, after they returned from their luxury 'honeymoon'. 1 The 'non-recent' claim was reported on June 14 but we are not revealing the names of those involved, or the police force, for legal reasons. Scenes surrounding the alleged victim have already been aired. It is the latest scandal to hit the Channel 4 show — now in its ninth season — which sees 'relationship experts' match up singletons. The couple first meet at the altar before the honeymoon, after which they live together in a complex in the UK before deciding whether to split up. They are also filmed at dinner parties and a commitment ceremony. Channel 4, which advertises the show as a 'bold, social experiment', initially denied a complaint had been made before coming clean. A source said: 'It's a nightmare scenario for them. 'The show's been criticised for throwing strangers together and sending them on honeymoon for viewers' entertainment. "Now it's alleged someone was assaulted after tying the knot. "It is a disastrous look for bosses.' Police told The Sun: 'We received a report of a non-recent sexual assault on June 14. "Enquiries remain ongoing.' A show spokesman said: 'We're aware a report has been made to police about an alleged sexual assault during the filming of a dinner party. 'Support would be offered to anyone who wished to report a matter.' It comes after Channel 4 rejected calls to remove a contestant in the latest series after domestic abuse claims. It insisted a criminal record check on Alexander Henry 'returned clear'.


BreakingNews.ie
4 hours ago
- BreakingNews.ie
Gardaí investigate suspected hate crime assault in Tallaght
Gardaí have opened an investigation into an alleged assault in Tallaght in Dublin. The incident happened on Parkhill Road at around 6pm on Saturday evening. Advertisement A man in his 40s was taken to Tallaght Hospital for treatment. Organiser of Dublin South West Together, Laura O'Reilly, said locals are in shock over what is believed to have been a hate crime. Speaking on Newstalk, she said: "The community are just really shocked and horrified that this has happened in our community in Tallaght. "We've always been a diverse community, and people in Tallaght have always fought for equality and a safe space for everybody with no exceptions.