Ms Justice McGuinness has issued a certificate for leave to appeal the conviction of a young Co Wexford man she had jailed for four years for raping his niece.
She said that because the Central Criminal Court jury had delivered a verdict of guilty she had to pronounce sentence even though an element of doubt had crept into the case with the claim that the victim's mother had said she knew the defendant was innocent.
Ms Miriam Reynolds SC, prosecuting, said the victim's mother categorically denied, in a statement made to gardai on April 10th last, that a conversation ever took place where she claimed she knew the alleged innocence of the man, now 22.
He was found guilty last December following a five-day trial of six counts of rape and sexual assault on his niece on dates unknown between June 1st, 1995, and November 30th, 1996.
When he appeared for sentence on February 28th last, there was an unexpected development when Mr Denis Vaughan Buckley SC, defending, told Ms Justice McGuinness that gardai were investigating the alleged statement by the victim's mother.
The judge told Mr Vaughan Buckley, before imposing sentence, that the statements in the case appeared to be hearsay and, although it was rare to consider a certificate for leave to appeal, it was the only course she could take in this matter.
She said reports showed the defendant continued to deny any involvement in the offence, and it was clearly up to the Court of Criminal Appeal to hear fresh evidence.
Ms Justice McGuinness said she had to take into account the fact that the defendant had no previous convictions. She took into account also that he had always had a productive working life even though he suffered mild educational difficulties and that he was in a stable relationship with a young child by his girlfriend.
She said she imposed a sentence that had been reduced from the normal tariff in this matter.