Paedo Ex-priest Brings Conviction Appeal

Sunday World
March 24, 2017

https://www.sundayworld.com/news/courts/paedo-ex-priest-bring-conviction-appeal

A retired priest jailed for indecently assaulting a schoolboy in the 1970s must wait to hear the outcome of an appeal against his conviction.

Tadhg O'Dalaigh (73), of Woodview, Mount Merrion Avenue, Blackrock, had pleaded not guilty at Cork Circuit Criminal Court to one count of indecently assaulting a 16-year-old boy at Colaiste Chroi Naofa in Carrignavar, Co Cork on a date unknown in 1979.

He was found guilty by a jury and sentenced to five years imprisonment with the final two suspended by Judge Donagh McDonagh on December 18, 2014.

O Dalaigh moved to appeal his conviction today on the principle ground that the trial judge erred in refusing to give the jury a corroboration warning - that it would be dangerous to convict a person in the absence of corroboration.

His barrister, Patrick Gageby SC, told the Court of Appeal that it was a “classic” old case of one person's word against the other regarding allegations 35 years previously.

The court heard that it was a once off incident in a secluded place and the trial judge said he would not give a corroboration warning because he would not have been able to contextualise it.

Mr Gageby said the trial judge's ruling, if allowed to stand, would “pervade the rest of the system” and would “fillet” the legal rule.

Counsel for the Director of Public Prosecutions, Garrett McCormack BL, submitted that it was within the judge's discretion to give a corroboration warning or not and that the judge made no error in law.

Mr Justice George Birmingham, who sat with Mr Justice Alan Mahon and Mr Justice John Hedigan, said the court would reserve judgment.