A 42-year-old man who repeatedly abused a young girl when she was aged between seven and 11 has failed in a bid to overturn his conviction at the Court of Appeal.
In one attack the man recorded himself raping the girl and in another threatened to kill her pet dog if she told anyone.
On Monday, the appeal judges did substitute one conviction of rape against James Quigley with a verdict of attempted rape.
Quigley, of The Hermitage, Borris Road, Portlaoise, Co Laois, was found guilty at the Central Criminal Court in July 2023 of 12 counts, including sexual assault, aggravated sexual assault, rape, anal rape and oral rape of the now 18-year-old in various locations in the State between October 2012 and July 2018.
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He was also found not guilty of one count of sexual assault. The court heard he continued to deny any wrongdoing.
Imposing sentence in October 2023, Ms Justice Karen O’Connor said that there were four separate types of offending in four separate locations, which included the girl’s family home – “a place where she should have felt safe”.
The judge imposed concurrent sentences of 13 years and suspended the final six months on strict conditions.
Delivering judgment at the Court of Appeal, Mr Justice Patrick McCarthy noted the core submission advanced by lawyers for Quigley at his appeal was that the trial judge had erred by declining to direct an acquittal on two specific counts of rape at the conclusion of the trial.
Regarding the first count, Mr Justice McCarthy said there had been “ample evidence” to permit a jury to convict of rape on that charge and the direction application in relation to this was rightly refused by the trial judge.
However, in relation to the second count referred to at the appeal hearing, the judge said there was “insufficient evidence” to allow a jury to consider or convict on a charge of rape and accordingly the court would quash the verdict on that charge.
Mr Justice McCarthy noted it was conceded by counsel for Quigley that the Court of Appeal could properly substitute a verdict of attempted rape for rape on this count.
The man’s sentencing hearing was told that the abuse started when the girl was seven and Quigley exposed himself to her and touched her at a party.
On another occasion, Quigley was working at the girl’s family home and raped her in her mother’s bedroom. He then grabbed her and said if she told anyone, he would kill her dog.
In a separate incident at his home, Quigley told her she was special to him and that she could be special to other people. He then recorded himself orally and anally raping her.
The court heard that the victim told gardaí the abuse occurred more than 20 times.
In her victim impact statement, which she read to the court during Quigley’s sentencing hearing, the teenager said that she felt more on trial than the defendant during the court process.
She described Quigley as a “predator” who came into her life when she was seven.
