I was raped by my older brother but it felt like I was the one on trial – I wouldn’t wish this process on anyone
- 7:00, 14 Nov 2022
A MAN who was raped by his older brother has revealed his “torture” after an appeal court was told he made up the complaint because he was “outed” as gay to his parents by his sibling.
Sicko Graham Daly, 38, is serving an eight-and-a-half year jail term at the Midlands Prison for raping and sexually assaulting his younger brother Thomas Daly, 33, after he was found guilty on seven counts of abuse.
The trial, which lasted for three weeks in 2021, heard details of claims of rape and sexual abuse at various locations including the family home in Limerick between January 1998 to December 2002.
But Colman Cody SC for Graham Daly, told the Court of Appeal earlier this month that a line of questioning that was disallowed at the trial should have been permitted to be heard by a jury in order to establish the complainant’s credibility.
Mr Cody SC said Graham Daly had “outed” his younger brother Thomas to his parents and claimed his brother had meetings with men in hotels and had brought strangers back to his family home without their knowledge.
Speaking after the appeal court hearing, Thomas Daly said it had been “torture” having to face his abuser in court again.
He told The Irish Sun: “I only got the conviction this year. And here I am back again, having to stress about it for ages, travel up on the same train and face him again.
“It is pure torture. I always said I have nothing to gain from being in court. I was looking out for the ten-year-old boy in me, who was raped and abused. But honestly, you have to think twice about the stress a court case can bring on your personally. That is, if you are even lucky (enough) to get your case into court.
“Nobody knows what it is like to be a rape victim in a trial, it’s like you are the one on trial. I wouldn’t wish this process on anyone. My brother raped me, no matter what, I have suffered untold damage, because he did attack me many times.”
The Court of Appeal was told that older brother Graham Daly’s claims about his younger brother were prevented from being put to Thomas in cross-examination in the original trial by Judge Karen O’Connor.
Mr Cody SC said that Graham Daly “outing” Thomas, along with the descriptions of his younger brother’s sexual behaviour, could have angered him to make up the complaints.
He said this line of questioning was not about “impugning” the victim’s reputation in front of a jury.
He said the issue of Thomas being gay and his activities around his sexuality going before a jury was fair.
Judge Karen O’Connor, he said, did not permit this line of questioning and by not allowing it, it did not give full effect to a fair trial.
But Patrick McGrath SC for the state said Graham Daly’s defence was “attempting to conduct a character assassination” of Thomas Daly.
He continued that the trial judge had to balance the right to the fair trial of the accused with respect for the complainant and she had struck that balance.
Mr Justice John Edwards said the court would reserve judgment.