A CO Donegal priest has failed in his bid to bring an appeal to the Supreme Court against his conviction for raping a teenage parishioner in a church sacristy more than 20 years ago.
The three-judge Court of Criminal Appeal ruled yesterday that the case of Fr Daniel Doherty (49), Derriscleigh, Carrigart, did not raise a point of law of exceptional public importance such as required determination by the Supreme Court.
Doherty was found guilty at the Central Criminal Court in 2006 of twice raping the then 13-year-old girl in the sacristy in 1985. He was also convicted of indecently assaulting her in the parochial house in 1985 and in his car on a date in December 1984, was jailed for seven years and was certified to be registered as a sex offender.
Doherty had denied all the charges but his appeal against conviction was dismissed earlier this year by the appeal court.
Lawyers for Doherty then sought to have the case referred to the Supreme Court on grounds it raised a number of points of law for determination, including issues related to the admissibility in a criminal trial of statements that do not comply with the requirements of Section 21 of the Criminal Justice Act.
Yesterday, the appeal court comprised of Ms Justice Fidelma Macken, presiding and sitting with Mr Justice George Birmingham and Mr Justice John Edwards, said the points raised, while of substance, were very specific to this “unusual case”.
The victim had made her allegations formally in a letter to the Bishop of Raphoe, Dr Séamus Hegarty, in 2003 which led to a Garda investigation and prosecution. When she complained to her teachers in the 1980s, the school failed to carry out a proper investigation and did not contact gardaí.