A round-up of today's other courts news in brief
Priest loses appeal against rape conviction
A Donegal priest has lost his appeal against his conviction for raping a teenager in a church sacristy more than 20 years ago.
The three-judge Court of Criminal Appeal yesterday dismissed the appeal by Daniel Doherty (49), Derriscleigh, Carrigart, against his conviction on four charges, two of rape and two of indecent assault.
Doherty was found guilty in 2006 of twice raping the then 13-year-old girl in the sacristy in 1985 and of indecently assaulting her in the parochial house in 1985 and in his car in December 1984. Mr Justice Philip O’Sullivan had sentenced him to seven years in prison and certified Doherty to be registered as a sex offender.
Dismissing the appeal, Ms Justice Fidelma Macken, sitting with Mr Justice George Birmingham and Mr Justice John Edwards, said the court was satisfied that Doherty had established no ground which would render his conviction unsafe.
The appeal court ruled that the trial judge had not not misdirected himself in law in any respect and also rejected claims that his charge to the jury was insufficient or open to challenge.
Judge appointed to European court
The reappointment of Judge Aindrias Ó Caoimh as a judge of the Court of Justice of the European Communities following his nomination by the Government on December 2nd, 2008, has been announced by Minister for Justice Dermot Ahern.
His new term of office will run for six years from October 2009.
Car-dealer to return for case
A car-dealer who is being pursued by a bank to repay a €1.33 million loan allegedly given to him on undertakings made by struck-off solicitor Thomas Byrne will return to Ireland next week to deal with legal proceedings against him, a judge was told yesterday.
John Madden, Tandy’s Lane, Lucan, Dublin, principal of John Madden Car Sales, had apparently gone to Poland, his counsel told Mr Justice Peter Kelly in the Commercial Court last Monday.
National Irish Bank (NIB) has claimed it made loans to Mr Madden in late 2005 for property investment purposes and security was to be furnished in the form of an undertaking from Mr Byrne to provide a legal mortgage and the deeds of a property at Coldwater Lakes, Saggart, Co Dublin.
NIB claims the agreed security for the loan was not provided and Mr Madden has failed to repay the sums agreed. A receiver had been appointed to part of Mr Madden’s property, the bank also says.
Mr Madden has denied liability for the €1.33 million and claimed the loan money was paid directly to Mr Byrne and that he himself never received it. He claimed he acted at all times “under the fraud and/or undue influence” of Mr Byrne.
Mr Madden has entered a defence and counterclaim in which he pleads the loan agreement is void and of no effect.
The case was adjourned until yesterday to allow Mr Madden’s lawyers to make further inquiries before applying to come off record on grounds that they had been unable to get instructions from Mr Madden.
Mr Justice Kelly said he would adjourn until March 16th the application by NIB to compel Mr Madden to reply to the bank’s requests for information relating to the loan monies. If Mr Madden did not fully instruct his lawyers, their application for them to come off record would be dealt with on March 16th, the judge added.