THE Court of Criminal Appeal has ordered a retrial after it quashed convictions imposed on a man for raping and buggering his daughter in November, 1992.
Mr Justice Keane had imposed concurrent 10 year sentences on the father on the rape and buggery charges at the Central Criminal Court in March, 1994.
Mr Justice O'Flaherty, the presiding appeal judge, said yesterday the court thought it highly unfortunate a report prepared by a senior social worker was not disclosed to the father's lawyers prior to the trial.
He added that the Director of Public Prosecutions had conceded the report was relevant and should have been made available to the defence but had submitted the difference between the events set out in the report and the evidence in court by the girl was minimal.
The judge said there was clearly a material difference between the account by the girl during the trial and what the social worker said she told him.