DONEGAL MAN MARTIN MCCURDY'S APPEAL AGAINST CONVICTION DISMISSED
In July 2012, the Court of Criminal Appeal dismissed an appeal by Martin McCurdy, a 45-year-old man from Donegal, against his conviction for sexually abusing three young girls during sleepovers at his house.McCurdy was sentenced to seven and a half years in prison by Mr Justice Patrick McCarthy following his 2010 conviction by a Central Criminal Court jury.
McCurdy's name was subsequently included on the Sexual Offenders Register.
He was of Emmet Park, Castlefinn, Co Donegal, and had pleaded not guilty to three counts of sexually assaulting the then 13-year-old girls on separate occasions between February 2006 and January 2007 in his residence.
The court heard that all three girls were subjected to similar abuse, with McCurdy making them perform sexual acts.
After his conviction, the girls waived their right to anonymity, allowing McCurdy to be publicly named, despite his absence in court during the appeal.
McCurdy challenged his conviction on multiple grounds, including the assertion that the warning given by Mr Justice McCarthy to the jury regarding corroboration of the complainants’ evidence rendered the conviction unsafe.
The Director of Public Prosecutions opposed the appeal, arguing it should be rejected.
On the day of the decision, a three-judge panel of the Court of Criminal Appeal, consisting of Mr Justice Adrian Hardiman (presiding), Mr Justice Michael Hanna, and Mr Justice Micheal White, dismissed all of McCurdy’s grounds for appeal.
The Court stated it was satisfied that the trial judge did not err in instructing the jury about corroboration.
Specifically, the court noted that Mr Justice McCarthy considered the complainants' testimonies capable of corroborating each other but left it to the jury to determine whether they did.
McCurdy’s appeal against his sentence is scheduled to be reviewed by the Court of Criminal Appeal at a future date.
