A 35-year-old Kerryman who was sentenced for sexually assaulting a woman in controversial circumstances last year has withdrawn a bid to appeal his conviction.
Danny Foley from Meen, Listowel, was given a seven year sentence last December at Tralee Circuit Criminal Court when he was convicted of sexually assaulting a 22-year-old woman outside a nightclub.
Two years of the sentence were suspended by Judge Donagh McDonagh.
The case caused controversy when dozens of people queued to shake Foley's hand and embrace him in court before he was sentenced.
At Trim Circuit Criminal Court today, Pat Purcell, counsel acting for Foley, said he was seeking leave to appeal the conviction and severity of the sentence.
He said it emerged there was an issue when the case was mentioned in the Court of Criminal Appeal because the original defence counsel had said they were only appealing the severity of the sentence.
As they were now seeking to appeal the conviction as well, it could not proceed at the Court of Criminal Appeal, said Mr Purcell.
He made the application in Trim Circuit Court as the trial judge, Mr Justice McDonagh, was sitting there.
The judge said today that the jury had convicted Foley unanimously and it was a verdict with which he fully agreed.
After legal argument it was agreed that this application would be withdrawn today but it is expected another one will be made in the coming days.
