The Court of Criminal Appeal yesterday quashed the conviction of a man on rape and indecent assault charges involving a teenage girl. The court ordered a retrial. The appellant had been jailed for eight years by Mr Justice O'Donovan at the Central Criminal Court last July. In his trial and appeal, it was claimed he had been prejudiced by the admission that a juror had been a victim of sexual abuse.
Acknowledgment of the juror's abuse experience came at the end of the eight-day trial and while the jury was deliberating, the three-judge court of appeal heard yesterday.
The matter was brought to the attention of the trial judge by the jury foreman. The foreman had said that the jury and the individual juror believed they were capable of reaching an impartial decision.
After five hours' deliberation, the jury returned a 10-2 majority guilty verdict on three charges of rape and five of indecent assault on the girl.
Mr Blaise O'Carroll SC, for the accused, said the appeal court had to decide whether there was any substance to his client's belief that he could not get a fair trial by virtue of the admission by the juror, notwithstanding the assertion by the jury that they could reach an impartial verdict. He argued the jury had made a subjective judgment of its own impartiality.
Counsel said it was not known whether the juror concerned had voted to convict or acquit.
Mr John Edwards SC, for the DPP, said the jury foreman and the jury were emphatic they would be totally impartial.