A businessman who was convicted by a Circuit Court jury of having unlawful sexual intercourse with a 13-year-old girl in his home, having earlier collected her from school, has had his conviction set aside by the Court of Criminal Appeal.
The jury in his trial two years ago disagreed on six other counts against the man of both indecently assaulting the girl and having unlawful sexual intercourse with her between September 1982 and December 1984. The court heard the child would have been 12 years old at the time of the alleged first offence.
Setting aside the conviction, Mr Justice Murray, sitting with Mr Justice Barr and Mr Justice Kinlen, said there were serious issues as to credibility in the case. These issues were solely concerned with the evidence of the complainant in the witness box.
He said the jury had convicted the married man, on a majority verdict, on the only charge in respect of which the trial judge had wrongly conveyed to them the impression there was corroborative evidence of the girl's story.
Because of this, it would be unsafe to allow the verdict to stand. Mr Justice Murray said it was for the Director of Public Prosecutions to decide whether to proceed with a retrial on this and the other six charges on which the jury disagreed having regard to all the circumstances of the case.