Inconsistencies between interview and cross-examination of complainant in rape proceedings did not warrant direction

By: Ciaran Joyce BL

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Court of Appeal dismisses appeal of rape convictions, on the grounds that the trial judge was entitled to refuse an application for a direction and let the case go to the jury on the basis that wile the complainant's performance in cross-examination at trial was such that he had not substantiated in any way what he had said during an earlier interview, he never resiled from his central allegations.

Criminal law – appeal of rape convictions – appellant is the complainant’s uncle – application for a direction – whether the complainant's performance in cross-examination at trial was such that he had not substantiated in any way what he had said during the course of the s. 16 interview – complainant has never resiled from his central allegations – trial judge was very definitely entitled to rule on the application as he did – appeal dismissed.

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