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Appeal against conviction for historic indecent assault offences dismissed due to lack of foundation for competency challenge
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The Court of Appeal dismissed an appeal against conviction brought by an individual convicted in the Circuit Court of twenty-five counts of indecent assault against his daughter, occurring between 1980 and 1986. The appellant argued that he was denied a fair trial due to the trial judge's refusal to hold a hearing on the reliability and competency of the principal prosecution witness, who had a complex mental health history, and restrictions on cross-examination. The Court found that appropriate medical disclosure had been made, that no foundation was laid for questioning the witness’s competency, and that the limits imposed on cross-examination were not erroneous. The Court concluded there was no prejudice or unfairness to the appellant arising from the trial judge’s rulings, and therefore upheld the conviction.
criminal appeal – indecent assault – conviction upheld – competency of witness – mental health disclosure – cross-examination limits – cumulative prejudice – Circuit Court – Court of Appeal – Rules of the Superior Courts (RSC) – witness reliability – application for competency hearing – delayed prosecution – psychiatric evidence – sentence consecutive to existing term
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