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23/06/2009
Cork Man Cleared Of Rape On Appeal
The Court of Criminal Appeal has quashed the convictions of a Cork man who was jailed for raping the two teenage sisters of his former girlfriend.
The 32-year-old man, who was not in court for the judgment, was tried and convicted in the Central Criminal Court last year.
The man's lawyers argued the prosecution did not disclose, until after the trial and sentencing, that one of the sisters had been previously sexually abused.
The three-judge court today said there was a real risk that this had an effect on the fairness of the trial as it breached the right to trial in due course of law.
The court then quashed his convictions. The court said it was now up to the DPP whether to re-try the man. He is expected to be granted bail pending the decision.
(DW)
The 32-year-old man, who was not in court for the judgment, was tried and convicted in the Central Criminal Court last year.
The man's lawyers argued the prosecution did not disclose, until after the trial and sentencing, that one of the sisters had been previously sexually abused.
The three-judge court today said there was a real risk that this had an effect on the fairness of the trial as it breached the right to trial in due course of law.
The court then quashed his convictions. The court said it was now up to the DPP whether to re-try the man. He is expected to be granted bail pending the decision.
(DW)
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