Man who sexually assaulted patient at private hospital appeals conviction

Folajimmy Awode
Folajimmy Awode

A man who sexually assaulted a patient while working as a care assistant at a private hospital in Dublin has moved to appeal his conviction.

Folajimmy Awode (32) of Ballinteer House, Tyrellstown, Dublin had pleaded not guilty at Dublin Circuit Criminal Court to the sexual assault of a female patient at the Mater Private Hospital, Eccles Street in November 2013.

He was found guilty by a jury and sentenced to two years imprisonment with the final six months suspended by Judge Patricia Ryan on July 21, 2015.

Opening an appeal against conviction today, counsel for Awode, Kevin White BL, submitted that the trial judge erred in her directions to the jury.

Mr White said the trial judge failed to advise the jury as to the nature and purpose of complaint evidence and failed to advise the jury on the purpose of that evidence - that it only went to the consistency of the complainant's evidence and not the facts.

Furthermore, Mr White submitted that the trial judge erred in her guidance to the jury in relation to corroboration and that the trial judge failed to adequately put forward the defence's case.

Mr White said the defence's case was that she was clearly mistaken and “arguably dreaming”, that Awode was entitled to be on the ward and the injured party gave evidence that was not necessarily consistent.

Counsel for the Director of Public Prosecutions, Elva Duffy BL, said the evidence in controversy was used to attack the credibility of the witness on the basis that the complainant may have been dreaming and she may have said that to another witness.

Mr Justice Garrett Sheehan, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, said the court would reserve judgement.