Tuesday, December 15, 2009

Priest's appeal in rape case dismissed

The Court of Criminal Appeal has dismissed a Co Donegal priest's bid to have his appeal against his rape conviction determined by the Supreme Court.

Daniel Doherty, from Derriscleigh in Carrigart, was sentenced for raping a teenage parishioner in a church sacristy more than 20 years ago.

The three judge Court ruled that Doherty should not have his appeal heard by the Supreme Court because it did not raise an important point of law of exceptional public importance.

The 49-year-old submitted that his case raised a number of points of law, including the question of the admissibility of statements in a criminal trial that do not comply with the requirements of Section 21 of the Criminal Justice Act.

The Court of Criminal Appeal said it was not satisfied that the points raised by Doherty amounted 'to points of law of exceptional public importance'.

While of substance, they were matters very much specific to what Ms Justice Fidelma Macken described as 'an unusual case'.

Earlier this year, the CCA dismissed Doherty's appeal against his conviction on four charges, two of rape and two of indecent assault.

Doherty was found guilty at the Central Criminal Court in 2006 of twice raping the then 13-year-old girl in the sacristy on dates in 1985, of indecently assaulting her in the parochial house in 1985 and in his car on a date in December 1984.

Doherty received a seven-year prison sentence and was certified to be registered as a sex offender.
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SIC: RTÉ