A man serving a 12-year prison sentence after pleading guilty six years ago to raping one daughter and a pregnant 15-year-old niece and sexually abusing a second daughter has asked the Court of Criminal Appeal to set aside nine guilty pleas on grounds alleging the legal advice he received at the time was "incomplete and inaccurate".
The man also claimed yesterday that his then lawyers did not want to fight the case and that they had failed to advise him of the existence of medical reports which, he claims, cast doubt on some allegations made against him.
His then lawyers have denied the claims and have stated they were ready, able and willing to fight the case if so instructed.
The Court of Criminal Appeal, consisting of Mr Justice McCracken, presiding, Mr Justice Murphy and Mr Justice Gilligan, heard the man's application yesterday and submissions on behalf of the DPP opposing that application. Judgment was reserved.
The man, now aged 49, is serving a 12-year sentence following his admission of guilt to nine offences, from a count of 66 charges, before the Central Criminal Court in July 1998.
At yesterday's hearing, the man said he was unhappy with the advice he received in 1998 in relation to pleading guilty but that his then lawyers had convinced him not to fight the case.
When it was put to him by Mr Anthony Sammon SC, for his former legal team, that he had replied "guilty" on nine occasions when the nine counts were read out to him, he said: "The reason being was that in my mind my legal team did not want to fight the case."
He said he had since received advice from a separate legal team that the case brought by one of the complainants against him was weak. In that specific case, he was advised there was no way he would have been convicted.
Opposing the appeal, Mr Paul O'Higgins SC, said the man had given clear and coherent instructions to the effect that he had committed the offences.
At the 1998 hearing, the court was told the man was a "strict disciplinarian" who terrorised and sexually abused two of his daughters.
It was also alleged he had repeatedly raped a 15-year-old pregnant niece who came to live with the family. After that girl gave birth to a child and returned to the house, the abuse continued, it was alleged. To avoid making her pregnant, the defendant had raped her anally, it was further alleged.
The man admitted three charges of raping one daughter on unknown dates from June 1991 to August 1996 and admitted one charge each of attempted rape and sexual assault of a second daughter in 1995. He further admitted three charges of raping his niece on dates between 1988 and 1991 and one charge of buggery of her in 1988.
A garda said one of the daughters made a complaint in December 1996 alleging her father had been having sex with her from when she was 12 until August 1996. She had said he used a stick to administer punishment and said she was afraid of him.