Kerry Man (27) failed to appeal the rape sentence

A man whose positive testimonies were referred in court after being convicted of raping a family friend at his bedside has lost his appeal against the sentence.

Quaid (27), the owner of Monari, Dingle, had pleaded not guilty to rape on June 10, 2018 at a place in Kerry.

A jury found him guilty, however, by a majority decision of 10 to one in September 2020 after a seven-day trial at the Central Criminal Court in Cork, and he was sentenced to six and a half years in prison by Ms. Justice Mary Rose Gierty.

Quaid later appealed the conviction on the grounds that Ms. Justice Geerty erred on the issue of consent in failing to define negligence in her charge to the jury.

It was further submitted that the judge had made a mistake by allowing the jury to disagree, instead of delivering the verdict under “undue pressure”.

However, in a decision delivered today by Ms. Justice Isobel Kennedy, the Court of Appeal dismissed all grounds of Quaid’s case.

In her written decision, Ms. Justice Kennedy said the issue in the case was “a simple one and one that arises frequently; was the complainant, in fact, consenting to the sexual contact? And if not, whether the appellant had to knew it?”

Ms Justice Kennedy also observed that an accused man was guilty of rape if he had sex with a woman who “is not consenting and she knows she is not giving consent”.

During the trial, the jury was told that “drinks were taken” on the night of the crime.

At Quaid’s appeal hearing on 11 March, Michael Bowman SC for Quaid told Justice George Birmingham, sitting with Mr Justice John Edwards and Mrs Justice Kennedy, that “alcohol was a feature in this case”.

The jury, the lawyer continued, was “told in black and white terms by the judge that drunkenness equals negligence”.

But there was “no evidence” that his client was “completely weaned off the alcohol”, Mr Bowman said.

“The direction given to the jury was wrong and therefore presents itself as an issue relating to the conviction,” the lawyer said.

In response, Vincent Heneghan, the Director of Public Prosecutions for the SC, said, “It can only be negligence if they [the jury] match it [Quaid’s] action with someone who was intoxicated at the time,” that Quaid told Gardai that he had “drank alcohol”.

Mr Heneghan described the judge’s charge as “extremely practical and practical” and explained the cases to the jury “in a way they could understand”.

“There could have been no confusion about what the jury was at in this case,” he said.

Ms Justice Kennedy said it was the view of the Court of Appeal that the jury had “not been advised that drunkenness equated to negligence”.

The judge, he said, “made it clear to the jury throughout the charge that they had to determine the issues, to decide whether the prosecution had proved every element of the alleged crime”.

The complaint that the judge had put “undue pressure” on the jury to deliver the verdict was likewise dismissed.

“We have carefully examined the transcript and we do not agree at all that the judge’s words were inappropriate,” Justice Kennedy said.

“She merely advised the jury that if they were unable to reach a verdict, a new trial would be required. It is not [and] was not soliciting the jury to make a decision, but simply advising them of a fact, perhaps one that they already knew. ,

During the trial that ended in September 2020, the jury was told that on the night of the attack, Quaid had been drinking before going to the woman’s home.

The woman said that she did not drink alcohol that night and slept early. She later tells Gardai that she had woken up to find someone raping her.

She said she “froze” at first but quickly told her to stop what she was doing and leave her room as soon as she realized what was happening.

During the sentencing hearing, Mr. Bowman handed over several testimonials from people who knew his client, including a local businessman.

This person described Quaid as “very honest” and “the best employee I’ve had in 25 years of business”.

Another person who knows Quaid “personally” spoke about the defendant’s commitment to the local GAA club, as well as caring for an elderly relative.

Another referee described Quaid as “polite and hardworking”. He said the crime was “out of character”, and he hoped that Quaid could proceed without being drugged.

A team leader at a treatment facility for addiction described Quaid as displaying responsibility for his issues.

Ms. Justice Geerty said Quaid abused the trust, and added that she has shown no remorse since then.