The Court of Criminal Appeal has overturned the conviction of a man jailed for seven years arising from remarks by the trial judge in his charge to the jury which, it was argued, put pressure on it to reach a verdict.
No retrial was ordered.
The three-judge appeal court yesterday allowed the appeal by Rafal Adach (31) against his conviction at the Central Criminal Court in February 2010 for oral rape of a then 19-year- old woman in Co Wicklow on September 23rd, 2007.
Mr Adach, originally from Poland, of Charlesland Crescent, Greystones, Co Wicklow, who had denied the charges, appealed his conviction on grounds that, while directing the jury on the availability of a majority verdict, Mr Justice John Edwards had referred to the cost of a second trial if it did not reach a verdict.
He said the judge used words which had the effect of applying improper pressure on the jury’s deliberations.
Giving the appeal court’s judgment, Mr Justice Liam McKechnie said issues such as resources, costs of trials, inconvenience and hardship on the parties which did not touch on the legal or factual matters involved in a case should not be introduced before a jury.