Former Northern Ireland and Celtic footballer Paddy McCourt has successfully appealed against a conviction for a sexual assault.
The 40-year-old, from Wheatfield Magistrates’ Court in County Donegal, was found guilty after a trial in May of sexually touching a woman in a Londonderry bar in January 2022.
At Derry Magistrates’ Court in July, district judge Ted Magill handed down a three-month sentence, which was suspended for two years. McCourt always denied the allegation.
READ MORE: Former footballer Paddy McCourt insists he is ‘definitely guilty’ of sexual assault
He effectively appealed the conviction on Tuesday morning after the Northern Ireland Crown Prosecution Service (PPS) failed to produce evidence.
At a brief hearing in Derry County Court on Tuesday, Rosemary Walsh, representing the PPS, said they had issues with witnesses who had known McCourt in the past.
“This was a case involving an allegation of sexual assault against Mr. McCourt, and there was no dispute in the proceedings in the lower court that the victim had been sexually assaulted by one of two Americans who were in a bar and located to correct her at the time of the incident,” he said.
“The challenge in this case is to identify which of the two Americans was the one who had assaulted her. She had her back turned at the time and couldn’t tell which one it was. “
“Since the reduced hearing, evidentiary difficulties have arisen with the witnesses, draped witnesses who had provided proof of identity and we have disturbances with those witnesses.
“The prosecution has kept the case under review and we are now in a position where we are going to contest the appeal, so today I will officially present all the evidence. “
Eoghan Devlin, acting for McCourt, said he did not intend to “rake over the ashes of what happened in the lower court”, but contended there were a “series of issues that the prosecution faced in terms of difficulties and failures in the investigation”.
“Suffice to say that my client has always accepted this lady was assaulted but not by him,” he said.”I would ask that your honour would dismiss the charge.” Judge Philip Babington allowed the appeal.
McCourt played 18 times for Northern Ireland, scoring two goals, and as a Celtic player between 2008 and 2013.
He also played for Derry City during his career. Speaking in court, McCourt’s lawyer Ciaran Shiels said his client had been going through an ordeal for about two years.
“He has never been charged in this case, let alone prosecuted,” he said.
“This man should never have been charged, let alone put through the process and the ordeal that he’s had to face for the guts of two years.”
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