Eleanor Donaldson Seeks Appeal After Jury Findings on Five Charges

The appeal is a legal right—but it prolongs an already painful wait for the women at the centre of this case

Eleanor Donaldson has applied for permission to appeal the findings reached during her trial of the facts at Newry Crown Court.

The Northern Ireland Courts and Tribunals Service confirmed that her legal team has lodged an application for leave to appeal with the Court of Appeal.

A jury previously found that Mrs Donaldson had committed the acts alleged in all five charges she faced. Four related to aiding and abetting sexual offending by her husband, former DUP leader Jeffrey Donaldson.

Because Mrs Donaldson was ruled medically unfit to participate in a conventional criminal trial on mental health grounds, the proceedings against her took the form of a trial of the facts. This allowed a jury to decide whether she carried out the alleged acts but did not result in a criminal conviction.

That distinction matters. Mrs Donaldson has not been convicted, and the court cannot impose a prison sentence. The judge is expected to decide in October whether to make a treatment order or grant an absolute discharge.

Jeffrey Donaldson was separately found guilty of 18 sexual offences against two women who were children when the abuse took place. The offences included rape, indecent assault and gross indecency. He denied the allegations, and appeal papers have also been lodged on his behalf.

Another period of uncertainty

Every person is entitled to challenge a court decision through the proper legal process. That protection is fundamental, even in cases involving deeply disturbing offences.

However, the effect of another appeal process cannot be discussed only in technical legal language. At the centre of this case are two women who came forward, gave evidence and endured an intensely public trial concerning abuse committed against them when they were children.

The justice system must protect the rights of defendants, but it must also recognise what repeated hearings, delays and continuing uncertainty can mean for those who have already waited many years to be heard.

An application for leave to appeal does not overturn the jury’s findings. The Court of Appeal must first decide whether there are legally arguable grounds for the case to proceed. Until that decision is made, the findings remain in place.

A difficult process requiring greater clarity

Trials of the facts are comparatively unusual and can be difficult for the public to understand. They exist to deal with cases in which a defendant cannot participate meaningfully in an ordinary trial, while still allowing allegations to be examined by a jury.

The process attempts to balance medical evidence, fairness to the defendant and the public interest. Nevertheless, it can leave victims and the wider public with an uncomfortable sense that serious findings have been reached without the conventional conclusion of either conviction or acquittal.

That is not a criticism of the jury or an invitation to disregard Mrs Donaldson’s health. It is a reason for the courts and public authorities to explain the process clearly, particularly in a case of such public significance.

The language used must also remain precise. Mrs Donaldson faced a trial of the facts and was found to have committed the acts alleged; she was not criminally convicted. Jeffrey Donaldson was tried separately in the conventional way and found guilty by a jury. His convictions remain in force unless and until a court overturns them.

The women must not disappear from the story

The prominence of the Donaldson name means coverage can easily become dominated by political reputation, courtroom procedure and legal strategy. That must not obscure the experiences of the women whose evidence brought the case before the courts.

Their identities are protected for life and must not be published or disclosed, including through information that could allow others to identify them.

Appeals are part of the justice system, but so too are finality, transparency and proper support for those affected by sexual abuse. As the legal process continues, those principles must remain central—not the former status or political influence of the people involved.

The Court of Appeal will now consider Mrs Donaldson’s application for permission to appeal. The Crown Court is separately expected to determine the appropriate order in her case in October.

Anyone affected by sexual violence or abuse can seek confidential support from Nexus in Northern Ireland through its website at nexusni.org.