Dublin man who had sex with his mentally impaired cousin loses appeal
A Dublin man bailed to challenge his conviction for having sex with his mentally impaired cousin will be returned to prison on Friday following his failed appeal.
The 53-year-old Dublin man, who cannot be identified for legal reasons, had pleaded not guilty at Dublin Circuit Criminal Court to eight counts of unlawful sexual intercourse with his mentally impaired female cousin between 1998 and 2003.
He was found guilty by a jury and sentenced to five years imprisonment on each count to run concurrently by Judge Patricia Ryan on February 8 2013.
Speaking on behalf of the Court of Appeal today Mr Justice George Birmingham said the court was minded to dismiss the man's appeal and uphold his conviction. The three-judge court will give reasons for its decision next month.
His barrister, Patrick Gageby SC, asked the court for time until Friday to allow the man put his affairs in order.
He had been admitted to bail in July 2013 pending his appeal but will present himself to a garda station on the southside of Dublin at 10 am this Friday for the purposes of going into custody, the court heard.
The trial heard he had admitted to being in a sexual relationship with his female cousin but claimed to have no knowledge that she was mentally impaired.
His barrister, Patrick Gageby SC, submitted to the Court of Appeal today, that the trial judge erred in allowing the victim to give evidence via video link.
Mr Gageby said this amounted to “pre-determination” and once the trial judge decided that she could not give evidence in court, it was a “foregone conclusion”.
Following submissions the three-judge court rose momentarily and returned to tell the parties that the court would be dismissing the appeal.
Mr Justice George Birmingham, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, said the court would give reasons for its decision next month.
Counsel for the Director of Public Prosecutions, Caroline Biggs SC, sought to remand the man in custody.
The court gave him until Friday to put his affairs in order, in a situation where he had been on bail since July 2013.
He will present himself to a garda station in Dublin on Friday, Mr Gageby said.
His appeal against sentence will be heard at a later date.