The 39-year-old, from Wheatfield Court in Muff, Co Donegal, was found guilty of sexually assaulting a woman in a bar in the centre of Derry in January 2022 by reaching under the woman’s skirt and touching her underwear
At Bishops Street Courthouse today, the PPS offered no evidence in his appeal against his conviction.
Judge Philip Babington told Mr McCourt that he is now “an innocent man”.
Mr McCourt, who played for Derry City and Celtic during his career, had been convicted at Derry Magistrates’ Court by District Judge Peter Magill following a two-day hearing in July this year.
He was sentenced to three months in jail, suspended for two years, and placed on the Sex Offender’s Register for five years.
Lawyers for Mr McMcCourt said he always accepted that the injured party had been the victim of a sexual assault in the bar but always maintained it was not him.