A Kilkenny man who had been jailed in 2001 for a total of 10 years after being convicted of falsely imprisoning and raping a mentally impaired woman could be free within a year after the Court of Criminal Appeal yesterday overturned his conviction on four of eight counts.
Given the unusual circumstances of the case of Edward Prendergast (66), Mr Justice Hardiman, presiding at the three-judge CCA, in an apparent reference to Prendergast's serious ill-health, also directed there would be no retrial.
Because of confusion which arose after the trial judge's charge to the jury regarding the law when considering charges of rape and sexual assault on a mentally impaired person, the CCA held that the convictions of Prendergast on two counts of rape of the 35-year-old woman and two counts of sexual intercourse with a mentally impaired person must be quashed.
Mr Justice Hardiman said the court would uphold the conviction and sentence of Prendergast on one count of false imprisonment of the woman, two counts of sexual assault of her and one count of sexual intercourse with a mentally impaired person.
Prendergast, who was convicted in July 2001, has already served his sentence on three of those counts and remains in prison on foot of a five-year sentence for sexually assaulting the woman with a bottle.
Mr Justice Hardiman said the CCA would not, in light of the unusual circumstances of the case, direct a retrial in relation to those convictions it had quashed. He added that the court had read the medical reports regarding Prendergast. The court had earlier been told that Prendergast is seriously ill with lung cancer.
After yesterday's decision, Mr Michael O'Higgins SC, for Prendergast, asked the court to reduce the outstanding five-year sentence in light of a number of factors, including his client's serious ill-health.
Refusing the application to reduce the sentence, Mr Justice Hardiman, sitting with Mr Justice O'Donovan and Mr Justice Ó Caoimh, said he could see no error in principle in the sentence. In relation to Prendergast's health, the judge said that was not a matter for the court or the Executive.
Prendergast, of Oliver Plunkett Avenue, Graiguenamanagh, was found guilty on the eight charges by a jury after a seven-day trial in June 2001. The jury had deliberated for over eight hours.
The trial judge had described it as a "harrowing case" and said he found it hard to express his sense of revulsion at the indignity inflicted on the victim.
