Courts / Mayo / Report

Judge faces unique situation of having to sentence terminally ill rapist

Date
2023-07-24

Stage
Sentence

Primary locality
Westport

County
Mayo

Summary

At the Central Criminal Court in Carrick-on-Shannon, County Leitrim, two brothers have been convicted of sexually abusing their young cousin between 1999 and 2003. Aidan Gallagher, aged 40, of Dadreen, Westport, was convicted of six counts of oral rape. Thomas Gallagher, aged 38, of Cuttenty, Annaghdown, was convicted of one count of rape and seven counts of sexual assault. The complainant, who waived anonymity, provided a victim impact statement describing how the abuse shaped her life, leading to substance misuse and mental health difficulties, though she has since achieved sobriety and recovery. Mr Justice David Keane noted that Thomas Gallagher was diagnosed with Motor Neurone disease in October 2022 with a life expectancy of less than two years, describing it as a unique sentencing situation. The judge remanded both men in custody pending sentencing on 9 October and directed the Prison Service to report on facilities for managing the defendant's terminal illness.

Who, what, where, when and why

What: Report matter: Judge faces unique situation of having to sentence terminally ill rapist. Charges or matters: six charges of oral rape of his cousin on dates between 1998 and 2003 in sheds around their homes, while Thomas Gallagher of Cuttenty, Annaghdown, Galway, was convicted of one charge of rape and seven charges of sexual assault on dates between 1999 and 2003 at the family's then home, also in Dadreen; one charge of rape and seven charges of sexual assault on dates between 1999 and 2003 at the family's then home, also in Dadreen. Procedural stage: sentence. Findings: Convicted

When:

October 9 Adjournment
September 2018 Incident
May 2017 Incident
1999 and 2003 Incident
1998 and 2003 Incident
2023-07-24 Publication

Why: She described telling her father about the abuse and his response was to do nothing because he didn't want to upset his older brother. CNI source report

Case subjects

Aidan Gallagher

Convicted Person

Charges: six charges of oral rape of his cousin on dates between 1998 and 2003 in sheds around their homes, while Thomas Gallagher of Cuttenty, Annaghdown, Galway, was convicted of one charge of rape and seven charges of sexual assault on dates between 1999 and 2003 at the family's then home, also in Dadreen (Proven)

Finding: Convicted

Outcome: Convicted; Mr Justice David Keane said he has never dealt with the imposition of sentence on someone facing the prognosis of Thomas Gallagher.; Mr Justice Keane remanded the men in continuing custody and adjourned the case to October 9, next.

Thomas Gallagher

Convicted Person

Charges: one charge of rape and seven charges of sexual assault on dates between 1999 and 2003 at the family's then home, also in Dadreen (Proven)

Finding: Convicted