Claims of jury bullying may lead to quashing of rape verdict

A JUROR involved in convicting a man of rape has alleged that fellow jurors engaged in bullying and that they did not understand the basic principles of a criminal trial.

During a Court of Appeal application, it emerged that the juror contacted lawyers acting for the convicted man complaining about the behaviour of his fellow jurors.

After granting the man more time to lodge his appeal yesterday, the Court of Appeal will hear arguments as to whether the unusual revelations could lead to the conviction being overturned.

The 70-year-old man was convicted in January 2020 by unanimous jury verdict of raping his niece, who was 16 years old when the offence occurred in 1978.

His trial heard that the victim was sleeping at her grandparents’ house when her uncle came into her room, got on top of her and raped her.

Mr Justice Paul Coffey imposed a sentence of four and-a-half years in prison.

At the three-judge Court of Appeal yesterday, Mr Kenneth Fogarty SC, for the appellant,

The foreman of the jury denied that any such deliberations had taken place

said that during the trial there was a concern that the jury had begun their deliberations before all the evidence was heard. The foreman of the jury denied any such deliberations had taken place.

After the trial but before the judge had passed sentence, Mr Fogarty said a juror contacted him directly and then spoke to the appellant’s solicitor. From that, Mr Fogarty said there was an indication that the jury had begun their deliberations before all evidence was heard.

There were further concerns, Mr Fogarty said, that the jury was “confused about the basic principles which must apply to a criminal trial” and over the “possibility of bullying of some jury members and the apparent failure of the foreman to understand the function and obligation of each member of a jury”.

As part of the appellant’s grounds of appeal it is alleged “the verdict is perverse, unsafe and unsatisfactory”.

Ms Justice Aileen Donnelly, sitting with Mr Justice John Edwards and Mr Justice Patrick McCarthy, granted leave to appeal on grounds relating to the juror’s revelations.