Man loses appeal against conviction for sex with his cousin

A Dublin man who was bailed in order to challenge his conviction for having sex with his mentally impaired cousin will be returned to prison on Friday following his failed appeal.

The 53-year-old Dublin man, who cannot be identified for legal reasons, had pleaded not guilty at Dublin Circuit Criminal Court to eight counts of unlawful sexual intercourse with his mentally impaired female cousin between 1998 and 2003.

He was found guilty by a jury and sentenced to five years in prison on each count to run concurrently by Judge Patricia Ryan on February 8th, 2013.

Speaking on behalf of the Court of Appeal on Tuesday, Mr Justice George Birmingham said the court was minded to dismiss the man's appeal and uphold his conviction.

The trial heard that the man had admitted to being in a sexual relationship with his female cousin, but claimed to have no knowledge that she was mentally impaired.

Mr Gageby submitted to the Court of Appeal on Tuesday that the trial judge erred in allowing the victim to give evidence via video link.

Mr Gageby said this amounted to “pre-determination” and that once the trial judge had decided that the victim could not give evidence in court, the result was a “foregone conclusion”.

Appeal dismissed

Following submissions, the three-judge court rose momentarily before returning to tell the parties that the court would be dismissing the appeal.

Mr Justice George Birmingham, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, said the court would give reasons for its decision next month.

Counsel for the Director of Public Prosecutions (DPP), Caroline Biggs SC, sought to remand the man in custody.

The man's barrister, Patrick Gageby SC, asked the court for time to allow the man to put his affairs in order.

The court gave him until Friday to do this.

He had been allowed out on bail in July 2013 pending his appeal, but will present himself to a Garda station on the southside of Dublin at 10am this Friday for the purposes of going into custody, the court heard.

His appeal against his sentence will be heard at a later date.