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Court of Appeal dismisses appeal against conviction for rape, attempted rape and sexual assault, on the grounds that the court was, in essence, being asked to take a different view of the evidence from that taken by the jury that heard the evidence at trial, and to do so would be flying in the face of the long-standing jurisprudence of the Irish courts.
Appeal against conviction - three counts of rape, one of attempted rape, three of sexual assault - complainant was appellant's niece - appeal on ground that verdicts of the jury were perverse and contrary to reasonable view of the evidence - evidence for the defence given by cousin of the witness - conflicting evidence - appellant had been represented at trial by different legal representatives, including experienced and able counsel who had not made any application to withdraw the case - matter had been left to the jury - jury had accepted complainant's case beyond reasonable doubt - questions over evidence for the prosecution from ex-wife of the appellant - trial judge took view that properly charged jury could deal with the matter - no objection to this at trial - Court of Appeal being asked to take a different view of the evidence to the jury.
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