O'Hara, R. v

[1]������� This is an application by Gerald O�Hara (�the applicant�) for an extension of time in which to lodge an application for leave to appeal against his convictions on 28 February 2017 at Londonderry Crown Court before HHJ Babington sitting with a jury on eight counts of indecently assaulting a female.� If the court accedes to that application it is an appeal against his convictions.� The single Judge, Treacy LJ, refused the application for an extension of time which is now renewed before this court.

[2]������� The victim in relation to seven of the eight counts of indecent assault is the applicant�s niece, Sinead McKenna (�Sinead�) who has waived her anonymity.� These offences occurred between 1980 and 1987 some 30 - 37 years prior to the trial.� At the time of the offences she would have been between 10 and 17 years old.� In relation to the seven counts involving this victim three were specimen counts.� The verdict of the jury was by a majority of 10 to 2.

[3]������� The victim in relation to the remaining one of the eight counts of indecent assault is a sister of Sinead and another of the applicant�s nieces, Brenda Moore (�Brenda�), who also has waived her anonymity.� This offence occurred between 1985 and 1987 some 30 - 32 years prior to the trial.� At the time of the offence she would have been 13 - 14 years old.� The verdict of the jury was unanimous.

The period of delay in giving notice of appeal against conviction and the test to be applied in relation to the application to extend time

[7]���� In this court Mr Kelly QC and Mr Barlow appeared on behalf of the applicant and Mr McMahon QC and Mr Gary McCrudden appeared on behalf of the prosecution.� Those were not the appearances at trial except for Mr McCrudden.