A man who sexually assaulted a patient while working as a care assistant at a private hospital in Dublin has lost an appeal against his conviction.
Folajimmy Awode (32) of Ballinteer House, Tyrellstown, Dublin had pleaded not guilty at Dublin Circuit Criminal Court to the sexual assault of a female patient at the Mater Private Hospital, Eccles Street in November 2013.
He was found guilty by a jury and sentenced to two years imprisonment with the final six months suspended by Judge Patricia Ryan on July 21, 2015.
In bringing an appeal against conviction, counsel for Awode, Kevin White BL, submitted that the trial judge erred in her directions to the jury.
Mr White said the trial judge failed to advise the jury as to the nature and purpose of complaint evidence and failed to advise the jury on the purpose of that evidence – that it only went to the consistency of the complainant’s evidence and not the facts.
Furthermore, Mr White submitted that the trial judge failed to adequately put forward the defence’s case.
Dismissing his appeal today, Mr Justice John Edwards said the evidence that was said to represent complaint evidence was adduced by the prosecution at the urging or behest of the defence. It was done so to facilitate a collateral attack on the complainant’s credibility.