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2022-07-05 · Dublin

Covid causing disruption to criminal cases

The recent rise in Covid‑19 infections has caused a series of adjournments in criminal proceedings at the Criminal Courts of Justice in Dublin over the past fortnight. Three courts have been unable to sit because parties involved in cases have had to isolate. A murder trial at the Special Criminal Court has been delayed since last week after a judge had to isolate following a "falling foul" of the virus. On Monday, a violent domestic assault sentence hearing at the Dublin Circuit Criminal Court could not proceed because the judge was absent; the same judge is also hearing a trial of three men accused of indecent assault. A sentence hearing for a convicted rapist in a 2011 random street attack could not take place as some parties are isolating. Another sentence hearing at the Central Criminal Court will not go ahead later this week because the judge is also isolating.

2022-07-05 · Dublin

Child abuse material defendant had searched internet about 'taking blood from infants'

In July 2022, a 42‑year‑old Dublin man was jailed for 18 months after Gardaí discovered thousands of child abuse images and videos in his bedroom, including 150 colour prints and baby nappies on the floor. The man had also possessed hundreds of DVDs containing child abuse material, which he pointed out to officers. During the investigation, his internet search history revealed queries about "venipuncture" or taking blood from infants. He had been caught in September 2017 with 3,257 explicit images and 347 videos, and an additional 18,500 images of pre‑pubescent children were found, though these were not illegal. He pleaded guilty to possessing child pornography and a further count of distributing it, involving an online conversation with a person he believed to be an eight‑year‑old. He denies the sexual assault charge pending trial later this year.

2022-07-01 · Tipperary

Father jailed for nine years for repeated rape of son

A 39-year-old man from Tipperary has been jailed for nine years for repeatedly raping and sexually assaulting his young son, beginning when the child was just 12 months old. The man was convicted after a trial last December of three counts of oral rape and three counts of sexual assault committed between 2007 and 2014. The abuse was disclosed in 2016 when the child informed a relative of the incidents. During the sentencing hearing, Mr Justice David Keane noted the difficulty in assessing the weight of character references from family members and commented on the lack of remorse from the offender, who continues to deny the offences. The judge set a headline sentence of 11 years but reduced it to nine years, citing the offender's denial of the allegations and lack of engagement in rehabilitation. The sentence was backdated to December 15 last year, when the man entered custody. The judge imposed three years of post-release supervision, requiring the offender to engage in offence-focused work and comply with Probation Services. The matter is currently in the appeal stage.

2022-06-30 · Dublin

Former scout acquitted of indecent assault loses bid for legal costs

In a Dublin Circuit Criminal Court case, a 73‑year‑old former scout was acquitted of three indecent assault charges dating from 1969‑70. After the acquittal, his lawyers applied for legal costs, but Judge Orla Crowe refused the application. She held that the prosecution was warranted and conducted in the public interest, that the defendant was properly prosecuted and defended, and that no impropriety occurred. Judge Crowe noted that the trial proceeded normally, with the defendant giving evidence and being cross‑examined, and that the defence had called witnesses to testify to his character. She cited case law on the criteria for costs after an acquittal, concluding that the prosecution was legitimate and properly carried out, and therefore the costs claim was denied. The unnamed 73-year-old pleaded not guilty.

2022-06-30 · Dublin

Man who disembowelled friend while 'out of his head' fails in appeal

In 2018, 33‑year‑old Lawrence Mubango, of Inchicore, Dublin, stabbed two friends, Ashely Ncube and Nhlanhla Nduli, during a drug‑induced paranoid attack. Paramedics found Ncube with intestines protruding from his abdomen. Mubango claimed he feared the men would rape his partner, but the court found no basis for this. Judge Pauline Codd sentenced him to 10 years' imprisonment with 18 months suspended, citing the seriousness of the assault. Mubango appealed, arguing the judge had misidentified the headline term of 12½ years. The Court of Appeal, led by Mr Justice Patrick McCarthy, rejected the appeal, affirming the original sentence and noting the reduction to eight‑and‑a‑half years was a substantial discount. Mubango's defence highlighted drug‑fuelled paranoia and spontaneity, but the court upheld the seriousness of the offence and the appropriate sentencing. The case remains at the appellate stage. Lawrence Mubango pleaded guilty.

2022-06-30 · Cork

Man facing retrial after rape conviction quashed

A 29‑year‑old man was convicted of rape in September 2020 and sentenced to 10 years' imprisonment, with the final three years suspended, after a jury found him guilty of raping a 17‑year‑old girl in Midleton, Co Cork, in August 2017. He appealed, arguing that Judge Mr Justice Alexander Owens had frequently and excessively intervened during the examination and cross‑examination of his evidence, thereby prejudicing the trial and rendering it unfair. The Court of Appeal quashed the conviction on 28 June 2020, stating that the judge's interventions were likely to have rendered the trial unsafe. James Dwyer SC, for the Director of Public Prosecutions, informed the court that the State would need time to digest the judgment before deciding on a retrial. The man was remanded on continuing bail, and the case will return to the Central Criminal Court for a retrial date to be set.

2022-06-29 · Dublin

Former Christian brother jailed for abuse of schoolboys

A 70‑year‑old former Christian brother teacher, who taught at a primary school in the southeast from 1975 to 1981, was convicted by a jury at Dublin Circuit Criminal Court in April of the previous year for molesting two boys in his classroom. He pleaded not guilty to eleven counts of indecent assault but was found guilty on seven counts; the jury could not reach a verdict on four counts. The convictions involved repeated indecent assaults on one boy on two occasions—after the boy was asked to stay behind to clean the blackboard and after he was called up to read—and on the second boy up to 40 times during the school year up to June 1980. The court heard that the assaults had a lasting impact on the victims, affecting their self‑esteem, relationships and life choices.

2022-06-28 · Dublin

Woman bundled into van and told she'd be buried after drug-fuelled attack by ex-garda

In a 2022 court hearing, former Garda Stephen Cooper (37) and accomplice Stephen McGrath (37) were sentenced for drug‑ and alcohol‑fuelled assaults on two women. Cooper forced a woman to undergo a "strip search" after claiming she stole drugs, threatened her, and inserted his fingers into her body. McGrath then violently assaulted a second woman, kicking, punching, and tearing her hair, while both men threatened to take her to the mountains and bury her. They attempted to place her in a van, but she resisted and was ultimately left in the footwell. Cooper pleaded guilty to assault causing harm to the first woman and to threats against the second, while McGrath pleaded guilty to assault causing harm, sexual assault, and weapon production. Judge Martin Nolan imposed a three‑year sentence for Cooper's assault and a three‑year sentence for the threats, to run consecutively.

2022-06-28 · Galway

Victim branding rape defendant a murderer and Russian mafia member made trial unsafe, appeal told

The Court of Appeal heard an appeal from a 71-year-old Polish national convicted of six counts of rape, including two contrary to common law and four under Section 4 of the Criminal Law (Rape) (Amendment) Act 1990. He had pleaded not guilty but was found guilty at the Central Criminal Court in July 2019. Ms Justice Tara Burns sentenced him to 15 years, stating a life sentence would have been appropriate absent mitigating factors related to his age and health. The appellant argues the trial was unsafe because the complainant alleged during cross-examination that he was a Russian mafia member and had murdered a man in Russia. Counsel for the appellant, Michael Bowman SC, contended these prejudicial claims compromised the fair trial and required the jury to be discharged. Patrick McGrath SC, for the Director of Public Prosecutions, argued the trial judge correctly directed the jury to disregard the irrelevant remarks and that the appeal attempts to reconstruct the case. The judge noted the complainant described the accused as treating her like a slave and sex object between September 2012 and January 2016. The accused has prior convictions for rape in Poland and a three-year sentence for threatening to kill in Ireland. Judgment on the appeal has been reserved.

2022-06-28 · Ireland

Mortgage company gets order over six-figure insurance pay-out to child rapist

Start Mortgages DAC secured a temporary High Court order to appoint a receiver over an estimated €125,000 insurance payout to a convicted child rapist who is currently in jail and owes the company over €400,000. The man, who was jailed for 12 years in 2014 after being found guilty of rape and sexual assault of a seven‑year‑old girl, had obtained a mortgage of over €265,000 from Start for a property in the South‑East. A year later the property was destroyed by fire and insured by Zurich, which agreed to pay over €222,000 for reconstruction. Zurich paid an initial €85,000 to the man's lawyers, of which Start claims €30,000 was used to clear mortgage arrears. Start alleges the property was never rebuilt and the funds were misused. After the man's imprisonment, Start sold the derelict property for about €33,000 and seeks to recover the remaining insurance proceeds.

2022-06-28 · Cork

Rape conviction quashed after 'excessive interventions' by trial judge

In 2020 a man was convicted of raping a 17‑year‑old in Midleton, Co Cork, and sentenced to ten years' imprisonment, three of which were suspended. He appealed, arguing that Judge Alexander Owens had made excessive interventions during his examination and cross‑examination, thereby prejudicing his evidence and rendering the trial unsafe. The Court of Appeal, led by Justice Isobel Kennedy, found that while some interventions can be necessary, Owens' repeated questioning went beyond permissible limits and likely made the trial unfair. The appeal court quashed the conviction. The defendant remains in custody, with bail conditions preventing contact with prosecution witnesses, and the case is adjourned pending the State's decision on a retrial. The appeal also addressed the admissibility of the defendant's Google searches, which the court considered irrelevant to the trial. The decision was delivered on 28 June 2022.

2022-06-28 · Westmeath

'Goodbye Cian': sister tells abuser brother that he'll no longer 'take space in her head'

Abuse Survivor Aoife Farrelly has waived her anonymity to allow her brother, Cian Farrelly (30), to be named in connection with the rape and sexual assault of his sister at the family home in Castlepollard, Co Westmeath, between 2007 and 2009. Farrelly pleaded guilty to the charges at the Central Criminal Court. The victim, who was aged between seven and eight and a half at the time of the abuse, while Farrelly was aged between 15 and a half and 17 years old, described the impact of the abuse on her life, including self-harm, disordered eating, anxiety, stress, and OCD. She stated that she had undergone counselling, psychotherapy, and inpatient treatment for PTSD. During the sentencing hearing, Mr Justice Paul McDermott noted that Ms Farrelly's childhood was destroyed and she was deeply affected by the abuse. He handed down a four-and-a-half year sentence and suspended the final 18 months on a number of conditions, including that Farrelly have no contact of any kind with his sister. Speaking outside court, Ms Farrelly said she was pleased with the sentence that was handed down, saying that the headline sentence the judge mentioned was 'enough' for her. The matter was adjourned for the submission of reports, including a probation report and a report from forensic psychological services. Cian Farrelly took the stand at the end of the hearing to apologise to his sister.

2022-06-27 · Ireland

11 character references for man who raped his partner and her son, making life 'a living hell'

In a Central Criminal Court hearing, a 56‑year‑old man was found guilty of 58 charges, including two counts of raping his former partner and 50 counts of sexually assaulting her, as well as four counts of assaulting her son and one count of raping the boy. The offences occurred between October 2013 and December 2015. The defendant denied all allegations. Victim impact statements were read by prosecution counsel, describing the partner as a strong woman whose identity was taken, the son as having felt isolated, and the daughter as having lived in a "prison" and considered her life a "living hell". The court adjourned sentencing to 7 July, remanding the defendant in custody until that date. Eleven character references were presented, describing him as a caring father and good friend, but the court noted the seriousness of the convictions. The case remains at the sentencing stage.

2022-06-27 · Mayo

Abuse survivor Sophia Murphy speaks of relief after father's 18-year sentence is upheld

The Court of Appeal has upheld the 18-year prison sentence imposed on John Murphy, rejecting his appeal that the term was excessive, disproportionate, and unfair. Murphy, formerly of Foxford, Co Mayo, had pleaded guilty to numerous counts of rape, indecent and sexual assault against his daughter, Sophia Murphy, at locations in Co Galway and Co Mayo between 1988 and 2001, when she was aged three to 15. He also admitted to one count of sexual assault in 2010. In July 2018, Mr Justice Michael White at the Central Criminal Court sentenced him to consecutive terms totalling 18 years, noting the headline term for the "depraved" offences was life. Murphy's counsel argued the sentence failed to adequately weight mitigation, including his early guilty plea. However, Ms Justice Aileen Donnelly, sitting with Mr Justice George Birmingham and Ms Justice Isobel Kennedy, found no error in principle in the original sentencing. The court highlighted the victim's age and the ultimate breach of parental trust as key aggravating factors. Sophia Murphy, who waived anonymity, expressed relief at the decision, stating it validates her experience and encourages other victims to speak out. The judgment confirms the original sentence remains in effect.

2022-06-27 · Dublin

Teenager who sexually assaulted school friend is placed under probation supervision

A 17‑year‑old girl has not returned to school since she was sexually assaulted by a school friend when both were 14. The assault followed consensual kissing and occurred after the girl was heavily intoxicated. The boy, now 17, pleaded guilty to two sexual assault charges and a threat to kill or seriously harm the girl. He admitted the contact was consensual but was under the influence of alcohol. The assault was reported to gardaí only after the boy sent a threatening voice message two weeks later. The court heard the message and the victim's impact statement, noting the girl's ongoing mental health difficulties. The judge acknowledged the boy's remorse and placed him under probation supervision until April 2023, requiring engagement with the service and awareness programmes. The boy has not returned to education and is now working. The case highlights the victim's continued struggle and the offender's acceptance of responsibility.

2022-06-24 · Tipperary

'Rot in hell': survivor to 'vile paedophile' Michael Golden after he dies in prison

Michael Golden, aged 73, of Crosspatrick, Killala, County Mayo, was convicted unanimously by jury at the Central Criminal Court last month of seven counts of indecent assault, four counts of sexual assault, and nine counts of oral rape against four children between 1980 and 1997. The victims were aged between five and fourteen at the time of the offences. Golden had pleaded not guilty to all charges. He died in custody on 6 June 2022 while awaiting sentence. At a hearing where victim impact statements were presented, Justice Mary Ellen Ring noted that had Golden survived, he would have faced a custodial term of significant length. The judge acknowledged the victims' right to be heard and recognised the permanent damage caused by childhood sexual abuse. She expressed that only the victims' willingness to come forward had enabled the investigation and prosecution to proceed.

2022-06-24 · Tipperary

Character referees should be cross-examined in court, High Court judge says

During a sentencing hearing in the High Court, Mr Justice David Keane said that character referees for convicted criminals should be required to appear in court for cross‑examination. The judge was hearing the case of a 38‑year‑old Tipperary man convicted of repeated rape and sexual assault of his son, who was aged between one and eight at the time of the offences. Lawyers had requested that the court receive character references from the man's partner, parents and GP. Mr Justice Keane referred to a recent Court of Appeal dicta that any person wishing to give a character reference must be present in court and available for cross‑examination, and he suggested that references from family members might be given limited weight. The judge also noted that the victim, now a teenager, had stated that the abuse had no lasting effect on him. The case was adjourned to 1 July, and the defendant was remanded in custody.

2022-06-22 · Kerry

Court upholds Kerry man's conviction for rape

The Court of Appeal has dismissed the appeal of Conor Quaid, upholding his conviction for rape. Quaid, 27, of Monaree, Dingle, Co Kerry, had pleaded not guilty to raping a family friend at a place in the county on June 10, 2018. A jury at the Central Criminal Court in Cork found him guilty by a 10-to-1 majority verdict in September 2020, and he was sentenced to six-and-a-half years' imprisonment by Ms Justice Mary Rose Gearty. Quaid appealed on the grounds that the trial judge erred in defining recklessness regarding consent and placed undue pressure on the jury to reach a verdict. In a judgment delivered by Ms Justice Isobel Kennedy, the Court of Appeal rejected all grounds. The court found that the jury was not advised that drunkenness equates with recklessness and that the judge merely informed them that a new trial would be required if they failed to reach a verdict. The appeal hearing was presided over by Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Ms Justice Kennedy. Counsel for Quaid, Michael Bowman SC, argued alcohol was a feature of the case, while Vincent Heneghan SC for the Director of Public Prosecutions maintained the judge's charge was practical. The court concluded the jury was not under confusion regarding the issues, thereby sustaining the original conviction and sentence.

2022-06-20 · Ireland

'I hope I give other victims the courage to let their voices be heard,' girl raped by grandfather tells court

A 17‑year‑old girl who was raped and abused for many years by her 79‑year‑old grandfather told a court that she hopes her case will help other victims of sexual violence. The grandfather was jailed for 14 years for multiple counts of sexual assault against his three grandchildren at two locations in Connacht. He pleaded guilty to assaulting the three girls when they were aged between five and 14, but denied raping the oldest girl. The jury returned unanimous guilty verdicts on six counts of raping the child between September 2014 and September 2018. The victim, aged between 10 and 14 at the time, described how the abuse destroyed her childhood and how she felt "dirty". She said that letting go of the secret was a relief and that she hopes to give other victims the courage to speak.

2022-06-20 · Dublin

Girls enticed into abuser's home to see kittens

Seamus Robert, 61, of Tallaght, was sentenced to five years' imprisonment for indecent assault and unlawful assault against two girls, aged about six, between 1982 and 1988. Robert, who worked with the homeless, lured the girls into his home to play with his kittens before sexually assaulting them. One victim, who cannot be named, testified that the abuse disrupted her emotional, social and educational development, describing a prison in her mind. She reported the abuse to Gardaí in 2016 and named a childhood friend as a possible witness. Robert pleaded guilty before his trial began and had no prior convictions. The judge described his conduct as "grossly reprehensible" and imposed a five‑year sentence.

2022-06-20 · Dublin

Rape conviction quashed after judge's error over 'confession' interview

A 37‑year‑old man, jailed for repeatedly raping his younger brother, had his conviction quashed by the Court of Appeal after the trial judge erred by not giving reasons for allowing evidence of the man's interviews with Gardaí to be presented to the jury. The man had claimed he was "induced" into confessing during a two‑hour interview, where he admitted to being a "bastard of a brother but not a rapist". The Court of Appeal held the judge was obliged to explain why he allowed the interview evidence, a requirement the judge failed to meet. The conviction was quashed and the State is seeking a retrial. The case involved 10 counts of oral rape, 7 counts of assault causing harm and one count of intimidation, with the jury having found the man guilty on all assault counts and two rape counts. The man was originally sentenced to nine years by Mr Justice Michael White. The unnamed 37-year-old pleaded not guilty.

2022-06-17 · Ireland

Sex offender who previously attacked partner went on to twice rape her while on bail

In August 2016, a convicted sex offender raped a woman twice in his apartment in Laois. The victim told Gardaí she repeatedly told him "No, stop doing this, you don't want this", yet he continued, eventually turning her over and raping her anally. She described being horrified, frozen, and then fighting to push him off, but he was stronger and she ran out of strength. The offender had previously attacked the same woman in February 2016 by head‑butting her face and was sentenced in January 2018 to a five‑year suspended prison term, conditional on paying €4,000 to the victim, which he has not paid. He was also convicted in 2009 of sexually assaulting a homeless teenager and was placed on the sex offenders register. At a hearing before Mr Justice Kerida Naidoo, the offender's defence counsel noted his mild intellectual disability and that he had claimed to be a victim of childhood sexual abuse. The unnamed teenager pleaded not guilty and was acquitted.

2022-06-16 · Ireland

Rape conviction upheld despite claims jurors deliberated early, were bullied

In 2020, a 72‑year‑old man was convicted of raping his 16‑year‑old niece at her grandparents' farmhouse in 1978 and sentenced to four years and six months' imprisonment. He appealed, arguing that jurors had begun deliberations early and were allegedly bullied, citing an anonymous letter. The Court of Appeal rejected the appeal, finding no evidence of premature deliberations or misconduct. The judge noted the offence was aggravated by the victim's age and the setting, and that the defendant's poor health made him a poor candidate for prison. The victim, who described the assault in a victim impact statement, was a child at the time and the case was heard in the Central Criminal Court. The appeal was dismissed by the three‑judge panel, with no change to the conviction or sentence. The unnamed 72-year-old pleaded not guilty.

2022-06-15 · Dublin

Teen (18) who raped girl when he was a juvenile is jailed

An 18‑year‑old, who was a juvenile when he orally raped and sexually assaulted a 16‑year‑old girl in a Dublin park on 17 January 2020, was sentenced to 42 months' imprisonment, with the final 21 months suspended. The judge, Ms Justice Mary Ellen Ring, also imposed an 18‑month sentence for sexual assault, to run concurrently with the rape sentence. The defendant, who has autism and was found not guilty by the jury at his February trial, was ordered to attend education and therapy while detained and to keep the peace under Probation Service supervision for the suspended period. The court heard the victim's impact statement, describing fear, anxiety and the effect on her family, and noted the defendant's disruptive behaviour in court, which led to his removal. The sentence reflects the judge's consideration of the defendant's personal circumstances and lack of prior convictions.

2022-06-14 · Cork

Sergeant's allegations that investigation was 'a sham' were 'very disturbing', retired senior garda tells trial

A retired senior garda officer, Sergeant Paul Barry, has alleged that Chief Supt Catherine Kehoe's investigation into his bullying and harassment complaints was a 'sham' and that the 'inordinate' time taken to conclude inquiries amounted to 'perverting the course of justice'. The Disclosures Tribunal is examining these claims, which relate to a 2012 complaint by Barry that the proper investigation of a child sexual assault allegation was prevented by Supt Michael Comyns, who he alleges also bullied and harassed him. The Director of Public Prosecutions directed there be no prosecution of the child sexual assault allegation in 2015 due to a lack of evidence. Chief Supt Kehoe, who investigated Barry's complaints, stated that she only learned from tribunal documents that Barry had accused her of targeting him by taking an 'inordinate' amount of time investigating his complaints. She explained that there were 'three arms' to the investigation, all concluded in May 2016, and that the process was delayed by various factors, including Barry's civil action and movement of investigators. Chief Supt Kehoe denied the allegations against her, calling them 'very disturbing, totally unfounded and hurtful'. The tribunal continues on Thursday before retired judge Chairman Sean Ryan.

2022-06-03 · Westmeath

'Not a shred of humanity': sentences totalling 66 years over gang rape of girl (17)

Five men aged 17 to 19 were convicted of gang‑rape and sexual assault of a 17‑year‑old Leaving Cert student on 27 December 2016. The victim was taken from a midlands town to a remote dry dock in Co Westmeath where the men raped her one after another, filmed the assaults, and later forced her into a car where further sexual acts occurred. The court heard the victim's impact statement, describing how the men stripped her of dignity and left her in shock. Ms Justice Tara Burns sentenced the men to a combined 66 years: 15 years for Marcos Vinicius De Silva Umbelino, 18 years for Eduardo Dias Ferreira Filho, 20 years for Gabriel Gomes Da Rocha, 12 years for Conor Byrne, and 7 years for Ethan Nikolaou. All sentences had a suspended year, and additional concurrent sentences were imposed for other assaults. Conor Byrne pleaded guilty.

2022-06-01 · Sligo

Nine years for man (59) who twice raped woman after Tinder date

A 59-year-old man from Sligo has been sentenced to nine years imprisonment at the Central Criminal Court following his conviction on charges arising from an incident at his home in April 2015. Christopher Feeney was found guilty of rape, oral rape, and two counts of sexual assault following a trial in September 2021. He was acquitted of a false imprisonment charge on which the jury could not reach agreement. The victim, then aged 54, had met Feeney through a dating application and travelled to Sligo town to meet him. The attack occurred at his Millbrook address in the early hours of the morning. Gardaí attended the scene after the woman contacted them and was instructed to display a signal from her balcony. Feeney fled Ireland whilst the Director of Public Prosecutions considered the case and was arrested in the UK in 2019. Mr Justice David Keane imposed concurrent sentences and noted Feeney demonstrated no remorse. A three-year post-release supervision order and sex offender registration were also imposed. Christopher Feeney pleaded not guilty.

2022-05-31 · Cork

Senior garda tells tribunal of 'huge effect' of allegations

At the Disclosures Tribunal in Dublin Castle, retired Garda Sgt Paul Barry and Supt Michael Comyns provided evidence regarding a 2012 complaint by Mr Barry alleging that Supt Comyns prevented the proper investigation of a child sexual assault allegation and bullied him. The DPP directed no prosecution for the child abuse allegation and, in November 2015, directed no prosecution for Supt Comyns's alleged perversion of the course of justice due to a lack of evidence. Supt Comyns, who denies the allegations as unfounded and vexatious, testified that a medical certificate issued to Mr Barry, which prohibited contact between them, made his role as district officer unworkable. He stated this prevented him from supervising investigations and created a serious precedent in An Garda Síochána. Supt Comyns also denied targeting Mr Barry regarding annual leave or a Regulation 10 warning for lateness, noting another garda was disciplined on the same day. He further clarified that he did not see Mr Barry during the Irish Open policing operation and that Mr Barry did not attend a February 2015 case conference on rape allegations. In September 2015, before being cleared of the allegations, Supt Comyns urged investigating gardaí to complete their disciplinary inquiries without delay. The matter is currently at the charge or pretrial stage, with Supt Comyns's evidence continuing.

2022-05-31 · Dublin

Jail for man (66) who abused sister-in-law in 1970s

Albert Tucker, aged 66, was sentenced to four years' imprisonment after a jury found him guilty of multiple indecent assault charges against his sister‑in‑law, Ms Aileen Ryan Wright, committed between 1976 and 1979. The offences involved repeated abuse at various locations in Dublin, including assaults in a car while driving her younger sister home. Tucker denied the allegations, claiming only one consensual act occurred when his sister‑in‑law was of legal age. He had no prior convictions. Ms Ryan Wright, who was aged 11 to 17 at the time of the assaults, testified that the abuse left her fearful and caused severe emotional distress, including attempts at self‑harm. The judge noted Tucker's lack of criminal history and medical conditions but considered the seriousness of the offences, sentencing him to four years with no suspended portion and requiring two years of post‑release supervision by probation services. Albert Tucker pleaded not guilty.

2022-05-30 · Dublin

Teenager dragged girl to isolated area and raped her

In a Central Criminal Court hearing on 30 May 2022, a 15‑year‑old boy was convicted by a jury of orally raping and sexually assaulting a 16‑year‑old girl in a Dublin public park on 17 January 2020. The boy, who is a juvenile and cannot be detained as an adult, was remanded to Oberstown detention centre pending a final sentencing decision on 15 June. Justice Mary Ellen Ring set a provisional sentence of three‑and‑a‑half years in detention, noting that the boy will turn 18 shortly and that the State and Oberstown authorities will decide where he is held until the case is finalized. Both the defendant and the victim have been diagnosed with autism. The boy pleaded not guilty and does not accept the jury verdict. No prior convictions are recorded for him.

2022-05-30 · Westmeath

'I ask that you don't let this be the defining moment of your life': gang rape victim addresses attacker

Five men were convicted by a jury at the Central Criminal Court of sexually assaulting and raping a 17-year-old Leaving Cert student in December 2016. The defendants are Gabriel Gomes Da Rocha, Eduardo Dias Ferreira Filho, Ethan Nikolaou, Marcos De Silva Umbelino, and Conor Byrne. Byrne entered a guilty plea to rape, while the other four men denied all charges but were found guilty of various counts of sexual assault, rape, and false imprisonment. The jury reached unanimous verdicts after a four-week trial. During the proceedings, the victim addressed the court, expressing her trauma and PTSD. She specifically addressed Byrne, acknowledging his admission of guilt and asking him not to let this be the defining moment of his life. She stated she would not forgive the other four men, who she said showed no remorse. The defence lawyers for all five men stated they accepted the jury verdicts and highlighted their clients' remorse. Ms Justice Tara Burns adjourned the case to 2pm on Thursday for finalisation. The five men were remanded in custody pending that finalisation.

2022-05-27 · Ireland

'I want my inner child to know it wasn't my fault,' man raped by uncle tells court

A 60‑year‑old man, who was raped and sexually assaulted by his uncle between 1987 and 1993, pleaded guilty to one count of rape and two counts of sexual assault at the Central Criminal Court. He described the abuse as a "constant nightmare" and said he wanted his inner child to know it was not his fault. The judge, Ms Justice Mary Ellen Ring, noted the offences were committed when the victim was aged between seven and 13 and described them as a fundamental breach of a child's bodily integrity. The man was sentenced to six and a half years' imprisonment, with the final 12 months suspended. He had previously denied the offences but pleaded guilty in December after a jury had been empanelled. The court heard that the victim had suffered flashbacks and emotional distress for decades.

2022-05-27 · Cork

Garda says he was told by senior officer to 'cover up' child sex abuse allegation

Paul Barry, a retired Garda sergeant from Mitchelstown, claims that in 2012 he was instructed by Superintendent Michael Comyns to conceal an alleged child sexual abuse case involving a suspect linked to senior Gardaí. Barry says Comyns also bullied and harassed him, leading Barry to file a complaint in October 2012. The Director of Public Prosecutions later decided not to prosecute the child abuse allegation, and in November 2015 the DPP also declined to prosecute Barry's claim that Comyns had perverted the course of justice due to insufficient evidence. Barry alleges that Comyns directed him to cover up the abuse and that he was subsequently targeted, refusing to attend briefings and phone calls from Comyns. Barry maintains that the allegations are unfounded, while Comyns denies any wrongdoing. The Disclosures Tribunal is hearing the case in Dublin Castle, with Barry presenting his evidence and the opposing counsel arguing against the allegations. The tribunal will resume its hearings next week.

2022-05-26 · Ireland

Former garda detective jailed for multiple sex attacks on sister in 1970s

A 63‑year‑old former Garda detective was sentenced to four years' imprisonment for indecent assault and unlawful carnal knowledge of his 15‑year‑old sister in 1979. The offences, committed when the detective was 19‑20, involved repeated sexual molestation in the sister's bedroom and a shed, including forced intercourse and attempts to have her perform sexual acts. The abuse ceased when the detective began college. The sister disclosed the abuse to a doctor and her husband in 2005‑2006, and it later reached her siblings, causing family conflict. The detective admitted the abuse to the sister, her mother, and Gardaí in 2012, and was charged in 2020. He pleaded guilty, and the judge, noting mitigating factors such as his guilty plea, lack of prior convictions, and his role as a husband and father, imposed a headline sentence of six years, reduced to four years' imprisonment.

2022-05-25 · Cork

Investigation into complaint over handling of child sex allegation a 'sham', sergeant claimed

In a Disclosures Tribunal hearing in Dublin Castle, retired Garda Sergeant Paul Barry accused the Garda Síochána of mishandling a 2012 complaint he made about the investigation of a child sexual assault allegation. Barry claimed that Superintendent Michael Comyns had bullied and harassed him, and that the investigation was prevented. He said the Director of Public Prosecutions (DPP) later decided not to prosecute the child assault case. Barry alleged that Chief Superintendent Catherine Kehoe, appointed to investigate his bullying and harassment complaints, had delayed the investigation, "perverting the course of justice" by not treating his complaint promptly. Kehoe's reports, submitted in 2013, 2015 and 2016, found no evidence of misconduct by Comyns and no breach of Garda regulations. Barry maintained that the investigation was a sham, biased and lacked morality, sentiment and conscience, and that the sequence of investigations was improper.

2022-05-24 · Cork

Former sergeant says he 'puked up guts' on return to work due to stress

Paul Barry, a retired Garda sergeant from Mitchelstown, claims he was bullied and harassed by senior Gardaí, including Superintendent Michael Comyns and Chief Superintendent Gerard Dillane. He says a 2012 complaint about a child sexual assault investigation was suppressed, and the DPP later decided no prosecution would occur. Barry alleges he was forced to return to work in 2013 without a medical certificate, despite GP advice that he should not. He reports that he was unfit for duty for 239 days due to work‑related stress and bullying. Barry says he was pressured to apply for a transfer, which he refused because it would have financial consequences. He also claims he was forced to attend a golf duty in 2014 that made him physically sick, leading him to submit a retirement application immediately afterwards. The tribunal is hearing his evidence in Dublin Castle.

2022-05-24 · Ireland

Convicted child sex offender fails to halt trial on 270 counts of abuse

The Court of Appeal has dismissed the appeal of an unnamed 71-year-old convicted child sex offender, allowing two separate circuit court trials to proceed. The appellant, who faces 270 counts of historic abuse against six minors alleged to have occurred between December 1978 and March 1993, had previously sought a High Court judicial review to halt the proceedings. He argued that the death of potential witnesses, the delay in bringing charges, and media publicity prejudiced his right to a fair trial. Ms Justice Miriam O'Regan rejected these claims in a January 2021 High Court judgment. In the subsequent appeal, Court President Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Ms Justice Úna Ní Raifeartaigh, upheld the lower court's decision. The three-judge panel noted that the appellant's prior imprisonment for the sexual abuse of other minors was of central significance. Mr Justice Birmingham dismissed the appellant's suggestion that Gardaí inaction in 1987, when one alleged victim initially complained but did not follow up, as speculative. The court concluded that the issues raised were matters for the trial judge to address, stating it was not appropriate to halt the forthcoming trials. The appellant remains a convicted and sentenced person, and the matter is now set for trial.

2022-05-24 · Ireland

Wholly suspended sentence for rape of niece (8) is overturned on appeal

The Court of Appeal quashed a wholly suspended sentence that had been handed to a 21‑year‑old man who admitted raping his eight‑year‑old niece when he was 14. The original non‑custodial term was deemed unduly lenient. The appeal judge imposed a new headline term of seven‑and‑a‑half years, reduced by one‑third for mitigating factors such as the offender's autism diagnosis and his age at the time of the offence. Two‑and‑a‑half years of that term were suspended, leaving a custodial period of five years. The man had pleaded guilty to multiple counts of rape, sexual assault and using technology to facilitate the sexual exploitation of a child between May 2016 and April 2019. He was taken into custody after the judgment was delivered.

2022-05-23 · Galway

Woman with mild intellectual disability false imprisoned, repeatedly raped by stranger

A 19‑year‑old woman with a mild intellectual disability was raped three times and falsely imprisoned by Costel Pirvu, a 38‑year‑old former Loughrea resident, after a night out. The offence occurred early on 4 February 2018 in a town. Pirvu forced the victim into a black jeep, removed her pants, and raped her while she struggled, leaving scrapes and bruises on her arms, legs, back, face, breasts, and a 2 mm laceration to her urethra. He then threatened her, held her against his apartment, and raped her a further two times before releasing her the next morning. The victim, who now suffers PTSD, flashbacks, and depression, described feeling "like a piece of meat" and that her life was broken. Pirvu maintains his innocence; his sentencing was adjourned pending a prison report. The case is still pending at the Central Criminal Court. Costel Pirvu was found guilty.

2022-05-23 · Dublin

Violent sex offender threatened to kill female neighbour

Stephen Phelan, 37, was jailed for two and a half years after threatening to kill his female neighbour with a knife and attempting to break her door down in August 2021. He pleaded guilty to making a threat to kill, producing a knife and trespassing likely to cause fear. Phelan had previously been convicted 67 times, including aggravated sexual assault with a knife, multiple assaults and violent disorder. He had been in custody since the incident. The victim, who now lives with her mother, said she had to leave her home and lives in constant fear. Phelan had been watching her for three years and claimed she had "set him up." He was sentenced by Judge Martin Nolan to four years, with the last 18 months suspended and conditions preventing contact with the victim for ten years and restricting his residence within a mile of her address.

2022-05-23 · Ireland

Crime of sex assault 'wholly objective', Supreme Court rules

In a 3‑2 Supreme Court ruling, the court upheld a 14‑year‑old's conviction for sexual assault after he repeatedly smacked a six‑year‑old boy's bare buttocks in a field. The court held that the offence is wholly objective and no proof of sexual motive is required when an assault occurs in indecent circumstances. The majority, led by Justice Charleton, affirmed that the prosecution need only show non‑consensual touching that creates indecent circumstances. The dissent, led by Justice Hogan, argued that a sexual motive should have been proven and that the conviction should have been replaced with a common assault charge. The case had previously been upheld by the Court of Appeal and the teen had been under probation supervision until 2023. The Supreme Court's decision confirms that the crime of sexual assault is defined by the objective nature of the act rather than the accused's intent.

2022-05-23 · Dublin

Judge wants to consider RTE journalist's remorse for sex assault

In a Central Criminal Court hearing, the sentencing of 38‑year‑old RTE journalist Mícheál Ó Leidhin was adjourned to 27 July 2022 while the court considered the weight of his remorse. Ó Leidhin, convicted in April 2022 of sexual assault at his former home in south Dublin, had denied the offence but now accepts the jury verdict. The judge noted that evidence had been challenged and a narrative presented to the jury. The complainant, who remains anonymous, reported that after a night of drinking and kissing, she fell asleep and later found Ó Leidhin on top of her, groping her breasts. She told him to stop; he apologized. She later expressed annoyance and the pair agreed to "differ" on the events. The court heard that Ó Leidhin had no prior convictions and had cooperated fully with investigators. The judge will decide how much weight to give to his remorse before sentencing.

2022-05-19 · Cork

Former sergeant tells tribunal he hated returning to work

Retired Garda Sergeant Paul Barry testified at the Disclosures Tribunal in Dublin Castle regarding allegations of bullying and harassment by Superintendent Michael Comyns and targeting by Chief Superintendent Gerard Dillane. The tribunal is currently hearing evidence at the trial stage. Sgt Barry, formerly of Mitchelstown Garda Station, claimed he was forced to return to work in 2013 without a medical certificate due to financial pressure, as his absence was recorded as an 'ordinary injury' rather than a work-related illness, resulting in reduced wages. He stated he 'hated' returning to work and felt deliberately targeted to be punished financially. Sgt Barry alleged that Supt Comyns prevented the proper investigation of a child sexual assault allegation, which the DPP later directed not to prosecute in November 2015 due to lack of evidence. He further claimed that one alleged suspect was connected to senior gardaí, including Superintendent John Quilter and Chief Superintendent Anthony Quilter. Sgt Barry reported being unfit for duty from August 2012 to March 2013 due to work-related stress. His GP advised against his return without conditions, specifically avoiding contact with Supt Comyns. The tribunal, chaired by Mr Justice Sean Ryan, is examining these nine allegations, including claims of perverting the course of justice and compromised investigations.

2022-05-16 · Dublin

RTÉ journalist to be sentenced for sexual assault

Mícheál Ó Leidhin, 38, a journalist with RTÉ, was convicted of sexual assault for an incident that occurred on the night of 13 May 2018. The alleged assault took place at his former home in south Dublin after the victim, who was drinking with a friend, met Ó Leidhin at a pub. They travelled to his flat, where they kissed and engaged in consensual foreplay. The victim later fell asleep; Ó Leidhin allegedly attempted to continue sexual activity while she was unconscious, groping her breasts and positioning himself on top of her. She reported the assault to Gardaí in April 2019. Ó Leidhin denied the offence initially but has now accepted the jury verdict. He has no prior convictions and was suspended from RTÉ. The victim's impact statement described lasting trauma, depression, and suicidal thoughts. The court adjourned sentencing to the following Monday and remanded Ó Leidhin on continuing bail.

2022-05-12 · Kilkenny

Uncle who abused niece at sleepover has jail term cut

A 49‑year‑old man was sentenced to five years' imprisonment for sexually assaulting his 10‑year‑old niece at a sleepover on 27 November 2016. He pleaded not guilty, but a jury found him guilty of one count under Section 2 of the Criminal Law (Rape Amended) Act 1990. Judge Patrick Meghen imposed the sentence at Kilkenny Circuit Criminal Court in June 2021. The man, who was 43 at the time of the offence, appealed, arguing the sentence was excessive and disproportionate. On appeal, the Court of Appeal quashed the five‑year term, citing a fundamental error in treating his refusal to accept the verdict as an aggravating factor and the failure to suspend any portion of the sentence. The court reinstated the original seven‑year sentence with three years suspended, effectively reducing the custodial term by one year.

2022-05-09 · Ireland

11 years for pair's 'cynical and calculated' rape of girl (14)

Two men, aged 27 and 26, were sentenced to 11 years in prison for raping a 14‑year‑old girl on the night of 22 April 2017. The judge described the offence as "cynical and calculated" and noted that the men had taken the girl to an isolated area, given her more alcohol and raped her in succession, robbing her of her innocence in extremely degrading circumstances. Both men denied the rape, claiming the girl was 16 and that they were victims. The 27‑year‑old was convicted on a single count of rape; the 26‑year‑old was convicted of rape and an additional charge of sexual assault, the latter carrying an eight‑year sentence to run concurrently. The judge suspended the final year of the 12‑year sentences and ordered both men to comply with probation supervision and attend offence‑focused work and support services.

2022-05-09 · Dublin

Army officer accused of sexual assault changes legal team

An Irish Defence Forces officer, whose name is withheld by the military court, is accused of sexual and physical assault by two serving female members of the Defence Forces. He also faces charges of indiscipline and disorderly conduct while under the influence of an intoxicant. The alleged offences occurred at McKee Barracks in Dublin in June 2020. The officer appeared at a brief hearing on 9 May 2022, where a new legal team was appointed after his previous barrister withdrew due to a conflict of interest. Kevin Roche BL, instructed by Partners at Law solicitors, will now represent him. The presiding judge, Col Michael Campion, extended the officer's legal aid certificate to allow the addition of a senior counsel. Mr Roche requested a one‑month adjournment to review the case papers and advise his client. The matter was adjourned to 7 June, at which time the officer must decide whether a board will try any or all of the charges.

2022-05-09 · Ireland

Abuse survivor tells court she was raped '1,000 times' by foster father

A 56-year-old man pleaded guilty at the Central Criminal Court to 14 charges of rape, two charges of oral rape, and one charge of sexual assault committed between February 2009 and December 2015. The defendant, who has no previous convictions, admitted to these sample charges regarding the abuse of his foster daughter, who was aged 11 to 18 at the time. Prosecuting counsel Anne Rowland SC stated that the Director of Public Prosecutions classified the case as falling into the "exceptional category" due to the victim's extreme vulnerability, the abuse of trust, and the frequency of offending. Consequently, the DPP suggested a headline sentence of between 15 years and life imprisonment. The victim, now 24, read a statement describing the long-term impact of the abuse, stating she was raped multiple times weekly. Defense counsel Ronan Munro SC noted the defendant's remorse and mental health concerns. Mr Justice Paul McDermott remanded the man in custody and adjourned the case for finalisation this coming Friday.

2022-05-06 · Ireland

Volunteer paramedic worker who filmed rape of drugged boy is jailed

A 22‑year‑old volunteer paramedic, Defendant A, was jailed for five and a half years after pleading guilty to aiding and abetting the sexual assault of a child and to producing child pornography. The offences occurred in May 2018 when Defendant A filmed a boy being orally raped after the boy was rendered unconscious with a pain‑relief drug, Penthrox, administered by a 31‑year‑old co‑accused, Defendant Z. Defendant Z had previously received an 11‑year sentence with 18 months suspended for similar offences. The court noted that Defendant A had no role in administering the drug or in the assault, but that he recorded the acts and was aware of the wrongdoing. The judge imposed consecutive sentences totalling seven and a half years, suspended the final two years, and ordered no contact with the victims. The case highlighted the abuse of trust within a voluntary paramedic organisation.

2022-05-06 · Dublin

Child abusing former scout leader further jailed

David O'Brien, a 70‑year‑old former scout leader, was sentenced to 16 months' imprisonment for indecently assaulting a nine‑ or ten‑year‑old boy during a scouting trip in 1981. O'Brien, who has 22 prior convictions for indecent assault and has admitted abusing more than 40 children between 1975 and 1983, is already serving sentences that include an eight‑year term and a six‑year term, with release not expected until February 2025. The court heard that the boy, who was sleeping with other cubs, was approached by O'Brien who fondled his genitals and anus while the boy was frozen and in shock. The boy later reported the abuse after media reports on sexual abuse in Scouting Ireland. O'Brien pleaded guilty, acknowledged his paedophilic nature, and expressed remorse. Judge Melanie Greally noted the boy's lasting harm and the breach of trust, and imposed the 16‑month sentence.