A MAN who was convicted of the rape of an 85-year-old woman suffering from Alzheimer’s disease has failed in a bid to have his case referred to the Supreme Court.
Simon McGinley (37), of Latlorcan Court, Monaghan, was jailed for 21 years by Mr Justice George Birmingham in July 2009 after he was convicted by a Central Criminal Court jury of raping the then 85-year-old woman at her home on June 16th, 2008. This was later reduced to 21 years with two years suspended on appeal.
He had been sentenced to 12 years in prison in 1998 for raping a 13-year-old girl who was at the centre of the Supreme Court action on abortion known as the “C case”.
Counsel for the applicant, Aileen Donnelly SC, said the trial judge failed to properly charge the jury on the inconsistencies between a deposition given by the victim and other evidence before the court – in particular concerning the identity of the attacker and the timescale of the attack.
Mr Justice Liam McKechnie, presiding at the Court of Criminal Appeal, said the trial judge had referred in “minute detail” to the witness sightings of McGinley and the conflicting evidence of the complainant. Mr Justice McKechnie said the court would refuse the application as it could not determine that the trial judge had in any way misdirected the jury or failed to discharge his responsibilities in charging them.