The jury who discovered a father responsible of raping his particular wants daughter within the household house weren’t correctly warned concerning the risks of utilizing uncorroborated proof to convict a defendant, the Court docket of Attraction was informed on Friday.
The person, now aged 59, who can’t be named to guard the identification of his now grownup daughter, was jailed for 11 years after a jury on the Central Prison Court docket convicted him in July 2019.
Through the trial earlier than Ms Justice Eileen Creedon, the courtroom was informed the person twice raped his daughter in her bed room when she was in her 20s, and that beforehand he had sexually assaulted her when she was a younger teenager.
He was later convicted on 5 costs together with rape, oral rape and sexual assaults on dates between January 2003 and December 2004 and on a separate event in January 2011.
He had denied the costs, and has launched an attraction in opposition to conviction.
In papers submitted to the Court docket of Attraction, attorneys for the appellant mentioned the trial decide had failed to present a corroboration warning to the jury relating to proof given by the complainant’s mom.
A corroboration warning could be given by a decide to a jury to focus on the hazards of convicting a defendant on the idea of uncorroborated proof.
“Every now and then, primarily based on the proof, there could be an analysis of the frailty of proof by the trial decide,” Colman Cody SC, for the appellant informed the Court docket of Attraction right now.
In response, Fiona Murphy SC, for the Director of Public Prosecutions informed the three-judge courtroom {that a} “thorough and detailed corroboration warning was given to the jury” by the trial decide.
“She warns the jury that it will be harmful to convict him [THE DEFENDANT]on the uncorroborated proof of a witness,” Ms Murphy added.
Judgment has been reserved.