Man found guilty of defiling niece, 12
The defendant pleaded not guilty at Cork Circuit Criminal Court to 15 separate counts — eight for defilement and seven for sexual assault in the latter half of 2011.
The verdicts were delivered after the jury was told that majority verdicts of 11-1 or 10-2 would be acceptable if they could not reach unanimous verdicts.
There was no unanimous verdict. On the eight defilement charges there were two 11-1 and six 10-2 guilty verdicts. On the seven sexual assault charges, there were two 11-1 verdicts and five of 10-2.
Elizabeth O’Connell, defending, said the defendant could be sentenced at any time convenient to the court.
Siobhán Lankford said time would be needed for the preparation of a victim impact report.
Judge Seán Ó Donnabháin remanded him in custody for sentencing at Cork Circuit Criminal Court on June 22.
He cannot be identified as it could lead to the identification of the complainant.
She is now aged 18 and told the jury during the four-day trial that her uncle had a sexual relationship with her for several months when she was 12 years old.
The teenager said that there was sexual intercourse every second day, if not every, day during that period of time.
Ms O’Connell asked why she did not state the full extent of the alleged sexual intercourse when she first made a complaint.
“Why? Because I was in love. I did not want this man going to jail. But now that I am grown up I know it was wrong,” the complainant replied.
The accused man did not give evidence from the witness box but the jury heard of the denials he made when questioned by gardaí about the allegations. His lawyer also made submissions on his behalf.
Ms O’Connell said that not alone did he not do it but he could not have done so as he suffered from erectile dysfunction. His wife testified that he had been able to have sex with her in the months before the alleged incidents complained of by his niece.
