An appeal by former human rights' campaigner Vincent McKenna against his conviction for a series of sexual assaults on his eldest daughter, Sorcha, between 1985 and 1993 was rejected by the Court of Criminal Appeal in Dublin yesterday.
McKenna was jailed for three years at Monaghan Circuit Court in November 2000. The trial judge described the 19 offences of indecent assault and 12 other offences of sexual assault against Sorcha, now 19, as continuous abuse, nearly routine.
The appeal court yesterday fixed December 5th for the hearing of an appeal by the Director of Public Prosecution against what is submitted to be the leniency of the sentence. An appeal by McKenna against the sentence was withdrawn when the case was before the appeal court earlier this month.
The trial judge, Judge Matt Deery, had commended Sorcha for pursuing the matter and speaking out. She had requested that her anonymity be lifted to speak out and, in victim impact reports, stated she wanted to encourage others being abused to speak out also.
McKenna (38), formerly of Haypark Avenue, Ormeau Road, Belfast, had been associated with the Families Against Intimidation (FAIT) in Northern Ireland. The trial judge said he had taken a stand while associated with FAIT and spoken out for a group of people taken to backalleys, knee-capped and told to leave the jurisdiction.
Mr Justice Geoghegan, sitting with Ms Justice Carroll and Mr Justice O'Neill, turned down all grounds of appeal.
Prior to the trial, McKenna's counsel sought an adjournment on grounds that there was a likelihood that Sorcha was going to give her evidence on foot of a "restored memory" following counselling organised by the local health board.
It was submitted that it was essential to the defence that health board notes of interviews be made available and that the defence be given time to get a professional expert to deal with the issue of "restored memory". The notes were made available but the judge would not adjourn the trial, even though defence counsel claimed that made it impossible to get the required expert evidence.
Mr Justice Geoghegan said Sorcha had never wavered in her evidence from her assertion that at all material times she knew she had been sexually abused by her father but, in order to put details together for the purposes of a court case, she did find it helpful to have counselling and she did use a kind of "visual memory" process to work out the details.