THE FOUNDER of the Radio Dublin pirate station, Eamonn Cooke, has lost his appeal against his conviction for sexually assaulting two young girls some 30 years ago.
The three-judge Court of Criminal Appeal said it was satisfied there was more than adequate evidence upon which a jury could convict Eamonn “Captain” Cooke and there was “no question of a miscarriage of justice” in his case.
Cooke (70), with addresses at Heatherview Avenue, Tallaght, and Wheatfields Court, Clondalkin, was found guilty in 2007 of 42 charges of indecent assault against two young girls at his home some 30 years ago.
Ms Justice Maureen Clark had sentenced Cooke to 10 years in jail.
Cooke had been convicted in 2002 of indecent assault of the girls but that conviction was quashed by the appeals court in 2006 and a retrial ordered.
Cooke, who denied the charges, appealed against his conviction and severity of sentence.
In his appeal, it was argued the trial judge had erred by giving a “wholly inadequate” warning when charging the jury relating to issues of delay in the case. It was also contended the trial judge’s charge failed to deal adequately with corroboration of evidence from complainants in the trial.
The appeal court with Ms Justice Fidelma Macken presiding and sitting with Mr Justice Michael Hanna and Mr Justice John MacMenamin dismissed all grounds of the appeal against conviction. The court adjourned the hearing of his appeal against severity of sentence.
Ms Justice Macken said there was “more than adequate, and indeed ample, evidence” upon which the jury was entitled to convict Cooke on all the charges. The trial judge’s charge to the jury was “adequate in the circumstances” of the case, she added.