There was a major development in the case of a young Co Wexford man due for sentence for rape when a court was told the victim's mother allegedly knew he was innocent.
Mr Denis Vaughan Buckley SC, defending, told Ms Justice McGuinness at the Central Criminal Court that gardai had been asked to investigate the claim.
Mr Vaughan Buckley read a copy of a letter sent some days ago to the Chief State Solicitor stating that a named witness would say the complainant's mother knew the 21-year-old man was innocent but that the girl, now 12, "knew what she had to do".
The letter was sent by the defence solicitor, Mr Val Stone, and noted this information had been communicated to the garda in charge of the rape case for investigation. Ms Miriam Reynolds SC, prosecuting, opposed the defence application to adjourn sentence pending the outcome of a Garda investigation into the alleged claim. She submitted that the court's only function at this time was to proceed with sentence because a jury had convicted the defendant.
Ms Reynolds said the defence could pursue the matter in the Court of Criminal Appeal where any additional evidence could be presented.
Ms Justice McGuinness adjourned the sentence hearing to next March 28th after hearing further submissions by counsel. She remanded the defendant on continuing bail.
He was found guilty last December of six counts of rape and six of sexual assault on his niece on dates unknown between June 1st, 1995, and November 30th, 1996.
The jury reached its decision by a majority verdict of 11-1 after just over four hours' consideration following a five-day trial. The man originally denied a total of 27 charges covering dates from 1995 to 1997. The 27 charges consisted of nine each of rape, unlawful carnal knowledge and sexual assault.
Ms Justice McGuinness directed the jury to find him not guilty of all the unlawful carnal knowledge charges and on three each of the rape and sexual assault charges following submissions by Mr Vaughan Buckley.