A Co Galway man has asked the Court of Criminal Appeal to declare a miscarriage of justice arising from his recently overturned conviction of sexually assaulting a 10-year-old girl more than a decade ago.
Fechin Hannon's 1999 conviction for the assault was quashed by the CCA last February as a result of her admission in 2006 she had made up her claims.
Mr Hannon applied today to have the conviction declared a miscarriage of justice but the DPP opposed the application on grounds including there was no wrong doing by the State or any of its agents.
The three-judge CCA, with Mr Justice Adrian Hardiman presiding and sitting with Mr Justice Daniel Herbert and Mr Justice John MacMenamin, reserved judgment.
Mr Hannon of Attymon, Athenry, Co Galway, now in his mid 30s, received a suspended four-year prison sentence at Galway Circuit Court in 1999 after being found guilty by a jury of sexually assaulting and assaulting the girl near her home in the Clifden area in January 1997.
Mr Hannon had consistently denied the charges. When withdrawing her claims in 2006 as false and entirely fabricated, the girl, now aged in her 20s, said her family had been in dispute with Mr Hannon's family when she made the claims but she now wanted to tell the truth so his name could be cleared.
Now living in the US, she told gardaí in statements she had decided to come clean after "finding God".
Hugh Hartnett SC, for Mr Hannon, said it was accepted there had been "no wrong doing on the part of the State" but his client was entitled to a declaration his conviction was a miscarriage of justice in light of the admissions made by the girl. There was nothing in law preventing Mr Hannon having his case declared a miscarriage of justice, counsel argued.
Mr Hartnett said the DPP had not opposed the quashing of Mr Hannon's conviction. This was a case where Mr Hannon was innocent not just in the legal sense but in the factual sense and where where the jury at Mr Hannon's trial had got it wrong.
Garnet Orange, for the DPP, said the application was opposed on the grounds there was no suggestion of culpability by the State. The DPP had had to act on what he believed was bona fides evidence of assault.
In her 2006 admissions to gardaí, the woman said none of the allegations against the man were true and her motivation for making them was "revenge and misplaced loyalty to my family." She said the two families did not get on.
She said she had never come into contact with Mr Hannon at any stage and nor was she coerced or coached by anyone. She said she had done something terribly wrong and got away with it whereas others, especially Mr Hannon, had paid a heavy price.
The woman also apologised to the State and all other involved in the case for wasting their time and money.
Mr Hannon said he found out by the retractions "by chance" when a member of his family met with the complainant in November 2006. Following lengthy correspondence between his solicitor Michael Finucane and the DPP, he was given copies of the retractions in March 2008 and was told in June 2008 the DPP would not oppose any application to have his conviction quashed.
