Offaly man jailed for sexual abuse of two children disputes evidence
The forty-nine-year-old argues jury should not have heard evidence he 'roared' for third child to come to a bedroom
An Offaly man jailed for 11 years for the sexual abuse of two children has argued that his trial should not have heard evidence that a third party confronted him in a "suspicous" manner after hearing him "roaring" at a child to come into a bedroom.
Barristers for Patrick Killally (49) said that this evidence was more prejudicial than probative, as there were no charges against the appellant in relation to this child. Barristers for the State, however, submitted that the confrontation had a clear probative value, as it was being admitted as background evidence and not to corroborate the allegations of rape. It discredited Killally's claim that he had never been left to babysit the injured party, they said.
Killally, of Killane Drive, Edenderry, Co Offaly, was convicted by a Central Criminal Court jury of three counts of sexual assault of the first boy on a date unknown between 1992 and 1996. The boy was aged between six and nine at the time, while Killally was aged between 14 and 18.
Killally was also convicted of 40 counts of sexual assault, attempted anal rape, oral rape and anal rape of another boy over two years between 2005 and 2007. The boy was aged between 12 and 14, while Killaly was 27 to 30 during this offending.
Detective Garda Joseph Bradley gave evidence at the trial in 2023 that the first boy was sexually abused on one occasion when he was aged between six and nine. Killally was aged between 14 and 18 at the time of this incident.
The second boy was seriously abused over two years, involving oral and anal rape on a regular basis by Killaly, while he was aged between 12 and 14. Killaly was aged 27 to 30 during this offending.
The court heard Killally, who has no previous convictions, does not accept the verdicts of the jury.
Mr Justice Paul Burns said it was clear from the victim impact statements that the abuse had adversely impacted each of the men’s lives. He noted the breach of trust and that Killaly had engaged in protracted sexual abuse of one of the complainants subsequent to the earlier offences.
In launching an appeal against conviction today, counsel for the appellant, Morgan Shelley SC, told the Court of Appeal that evidence was permitted that on one occasion a family member came in for lunch to find one of the injured parties with another child in the sitting room. She heard Patrick Killally “roaring” for the other child to come into the bedroom. She then confronted Killally, asking him “what the hell he wanted with the child”.
Mr Shelley said this witness had given evidence that Killally left the house without replying.
Mr Shelley said he could not understand the probative value of the suspicious reaction of the witness when she confronted the appellant. Counsel went on to say that the fact that Klllally then left the house could not be probative of anything.
Mr Shelley said that there was no evidence that the appellant called the injured party into the bedroom. He added that the other child who was present had given evidence at the trial that she had not been abused, nor did she witness the injured party being abused. Mr Shelley pointed out that this witness had also said she did not remember being roared at to come to the bedroom.
Counsel for the State, Desmond Dockery SC, said the evidence of the confrontation in the house had a clear probative value, as it was admitted as background evidence and not evidence to corroborate the allegations of rape.
Mr Justice John Edwards said the court would reserve judgment to a later date.