‘NO EVIDENCE’ | 

Paddy McCourt walks free after sexual assault conviction overturned

As he stood in the dock, Mr McCourt was told by appeal Judge Philip Babington that he is “an innocent man” following the decision by the PPS to offer no evidence against him

Yesterday at 11:52

Former Northern Ireland footballer Paddy McCourt walked free an innocent man from the appeal court in Derry against his conviction for sexually assaulting a woman in a bar almost two years ago.

In May, the 39-year-old was found guilty of sexually assaulting a woman in a bar in the centre of Derry last January by reaching under the woman’s skirt and touching her thong.

However, today the Public Prosecution Service (PPS) offered no evidence in his appeal against his conviction.

As he stood in the dock, Mr McCourt was told by appeal Judge Philip Babington that he is “an innocent man” following the decision by the PPS to offer no evidence against him.

Mr McCourt from Wheatfield Court in Muff, Co Donegal, had been convicted in the Magistrate’s Court by District Judge Ted Magill following a two-day hearing last July.

He was sentenced to three months in jail, suspended for two years, and placed on the Sex Offender’s Register for five years.

At the start of Tuesday’s appeal against both the conviction and sentence, prosecution barrister Rosemary Walsh told Judge Philip Babington that as a result of correspondence received last week by the PPS, “the PPS are offering no evidence concerning the allegation of a sexual assault against Mr McCourt.

“The injured party was the victim of a sexual assault by one of two individuals in a bar, who were situated behind her. The issue in the case was one of identification. The injured party had her back turned at the time and could not see which of the two it was.

“Since the Magistrate’s Court hearing evidential issues have arisen with important witnesses who had provided identification evidence. Also, this court may well be aware we applied for witness summonses last week. The PPS are now in a position to offer no evidence”, she said.

Barrister Eoghan Devlin said Mr McCourt always accepted that the injured party had been the victim of a sexual assault in the bar.

“I do not intend to rake over the issues of the lower court. My client always accepted this lady was assaulted, but not by him”, he said.

Judge Babington in allowing the appeal and after saying that Mr McCourt “is an innocent man”, added “we must also remember there is a victim in this case and she has lifelong anonymity”.

He said in relation to the case “there was an insert on Facebook, some of which concerns me”.