DPP appeals ban on naming rapist
Victim abused as child wants her anonymity waived
A RULING by a judge that bans publication of the name of a convicted child rapist, despite his victim wishing to waive her anonymity so he could be identified, has been appealed by the DPP.
The Court of Appeal heard yesterday that an order made by Judge Michael White on May 17, 2019 – following the conviction of a Wicklow man for the rape of a neighbour’s child in the late 1980s– continued reporting restrictions in the case to prevent the victim from being identified through the publication of her attacker’s name.
The male, now 49, was convicted of four counts of rape and two counts of indecent assault on unknown dates between 1987 and 1989 in Co. Wicklow, following a trial at the Central Criminal Court last year.
The man, who pleaded not guilty to all the charges, was sentenced to seven years in prison.
The Court of Appeal heard that at the time of Judge White’s order keeping reporting restrictions in place, the victim, now aged 42, was unaware that she was entitled to waive her anonymity to allow the man’s name to be published. However, the judge refused to vary the order when counsel for the DPP raised the issue a week later.
At a hearing in November 2019, Judge White explained he had made the ruling on the basis that he no longer had power to change the reporting restrictions as the application was being made after the trial concluded.
Paul Murray SC, counsel for the DPP, told the Court of Appeal that Judge White had erred in making a ‘superfluous’ order in May 2019 following the man’s conviction as the only circumstances to prevent him from being named would be to protect the identity of his victim.
Mr Murray claimed the trial judge had been far too restrictive in his approach to when orders on altering reporting restrictions could be made and that the judge’s order was not in accordance with the legislation.
The Criminal Law (Rape) Act 1981 allows publication of the name of a person convicted of rape, providing it does not identify the victim.
It has become common practice that a person convicted of rape can also be named if their victim agrees to waive their anonymity.
Mr Murray said it had always been the wish of the woman that both she and the accused would be named, although he conceded that counsel for the DPP had not raised the issue expressly with her in May 2019.
Colman Fitzgerald SC, counsel for the convicted man, said there was nothing to prevent the DPP from raising the issue of reporting restrictions at the sentencing hearing, but that no application had been made at the time.
Mr Fitzgerald argued the DPP should not be allowed to make arguments to the Court of Appeal that were not made directly to the Central Criminal Court – a point disputed by Mr Murray.
Judge George Birmingham, presiding, with Judge Isobel Kennedy and Judge Úna Ní Raifeartaigh, reserved judgement on the appeal.
Claimed judge was too restrictive