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Sexual offences court reports

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2018-02-16 · Ireland

Uncle jailed for raping niece (20) after night out

A 33‑year‑old man was jailed for four years after pleading guilty to raping his 20‑year‑old niece on 9 July 2016. The victim, who was close to her uncle and trusted him, described how the offence fractured her wider family and damaged her trust and studies. The court noted the man's apology letter, his immediate acknowledgement of guilt, and his severe mental health difficulties. The judge highlighted the breach of trust and the man's out‑of‑character behaviour, noting his history of depression, bipolar disorder and a childhood sexual assault. He imposed a six‑year sentence, suspending the final two years, and ordered the man to attend a prison or post‑prison education course on sexual violence under probation supervision. The case was heard at the Central Criminal Court.

2018-02-13 · Ireland

McCabe accepts inclusion of false allegation was not deliberate, tribunal told

In a 2018 Disclosures tribunal hearing, Sergeant Maurice McCabe's lawyer, Michael McDowell SC, admitted that a false rape allegation was mistakenly included in a 2013 HSE (Tusla) report. McDowell said the error was a "cut and paste" mistake, not deliberate or ill‑willful. The tribunal had previously examined the creation and use of a Tusla file that contained false allegations against McCabe, which was sent to Gardaí in 2013. McDowell argued that the file should have been reviewed before distribution and that the failure to do so caused significant harm to McCabe's family. He questioned the random selection of McCabe's file in April 2014 and the lack of corrective action when new information emerged. The tribunal was adjourned until the following month.

2018-02-13 · Cavan

"A series of most unfortunate events": Tribunal hears closing submissions

The Disclosures Tribunal heard closing submissions on its first module of inquiry concerning false allegations of sexual abuse made against garda whistleblower Sergeant Maurice McCabe in 2013. The tribunal investigated how a file containing these allegations was created, distributed and used by the Health Service Executive and An Garda Síochána, and whether senior garda officers knowingly deployed the false claims to discredit Sergeant McCabe. Counsel for the garda commissioner characterised the errors as administrative mistakes rather than deliberate action, noting that garda officers took reasonable steps to correct them once identified. Representatives for Tusla and the HSE acknowledged responsibility for errors in their handling of the allegations and offered apologies to those affected, including Sergeant McCabe and his family. The tribunal heard that the original 2006 complaint against Sergeant McCabe had been thoroughly investigated, with the Director of Public Prosecutions deciding it did not constitute an offence.

2018-02-12 · Dublin

Man to be sentenced for defilement and online exploitation of girl (13)

A 25‑year‑old Dublin man is set to be sentenced for the online sexual exploitation of a 13‑year‑old girl. The offence took place between December 2011 and May 2012. At 19, the man met the girl and they communicated regularly via Skype, Facebook and text. He exposed himself, masturbated on camera, and invited the girl to masturbate or penetrate herself. In person, he asked her to masturbate him and performed sexual acts. The girl's mother reported concerning messages, leading to Garda involvement. The man pleaded guilty to one count of defilement and three counts of sexual exploitation. He has no prior convictions. The victim's impact statement described her vulnerability, anger, and a desire to move on. The defence highlighted the man's youth, personal difficulties, and an apology letter. The case was adjourned to March 5, 2013 for judgment.

2018-02-12 · Clare

"This should not be my shame to carry. It should be his": woman faces abuser in court

In a Central Criminal Court hearing, a 64‑year‑old auctioneer, Noel Kelleher, was found guilty of six counts of rape, three of sexual assault, three of oral rape and one of attempted oral rape against a victim aged 12 to 14 between June 1991 and August 1992. The jury acquitted him of 16 other counts of rape, indecent assault and sexual assault. The victim, who waived anonymity, described the abuse as beginning when she was 12, involving rape, sexual assault and forced oral sex in two office locations, and ending shortly before her 14th birthday. She recounted attempts to kill herself, post‑natal depression, psychiatric care and repeated suicide attempts. In her victim impact statement she said the shame should be Kelleher's, not hers, and that the abuse had ruined her education, relationships and mental health.

2018-02-12 · Carlow

Illegal immigrant raped foreign student in her home

A 39‑year‑old Egyptian man, who is an illegal immigrant, was found guilty by a jury of one count of rape, two counts of sexual assault and one count of threatening to kill a 27‑year‑old foreign student. The victim was travelling from Carlow to Dublin on a bus, where the accused groped her and later followed her home. He entered her house, masturbated in front of her, threatened her, and raped her in the hall. The victim, who was living and working in Ireland in 2016, described the assault as terrifying and said she wished she were dead at the time. She declined to have the perpetrator named to avoid destroying his life. The court has imposed reporting restrictions and will consider sentencing next week. The accused has a prior conviction for public masturbation and is appealing a deportation order. The case was heard in the Central Criminal Court.

2018-02-09 · Ireland

Man appeals conviction for sexually abusing fiancee's three young daughters

In 2009 and 2010, a 40‑year‑old man from Meath sexually abused his fiancée's three daughters, who were in their early to mid‑teens at the time. He was convicted by a jury of one count of rape and 12 counts of sexual assault, and sentenced to ten years' imprisonment by Mr Justice Paul Coffey. The judge praised the resilience of the victims, now in their early twenties, and noted the profound psychological harm inflicted. The man, whose name is withheld to protect the victims, had no prior convictions. He has now filed an appeal, arguing that the trial judge should have warned the jury about the lack of corroboration for all three complainants. Mr Justice George Birmingham, along with two other judges, has reserved judgment on the appeal.

2018-02-09 · Dublin

Jail for man who sexually abused stepdaughter

John Doherty, aged 55, was sentenced to 15 months' imprisonment for sexually assaulting his stepdaughter between January 1996 and April 1998 when she was 12 and 13. The court heard that Doherty pleaded guilty to two counts of sexual assault and that the case had been delayed for years due to police incompetence. The victim, now 35, waived anonymity and described the abuse as a "huge breach of trust" that ruined her childhood, education and family relationships. She detailed repeated sexual advances, forced contact and the impact on her mental health. Doherty had undertaken therapy and expressed remorse, but the judge noted the seriousness of the offence. He was registered as a sex offender following the conviction. The sentence reflected the maximum penalty of five years at the time of the offence.

2018-02-08 · Ireland

Tribunal chairman to consider whether module was "based on leaks and conjecture"

The Disclosures Tribunal's chairman, Mr Justice Peter Charleton, announced that he would examine whether former Garda Commissioner Nóirín O'Sullivan had improperly relied on unjustified grounds to discredit whistleblower Sergeant Maurice McCabe during the O'Higgins Commission of Investigation. The tribunal's third module, which concluded hearings from witnesses, focused on whether false allegations of sexual abuse or other unjustified grounds were used by O'Sullivan. Mr Justice Charleton outlined eleven questions for his report, including whether the commissioner's legal position letter in May 2018 was a mistake, whether a barrister's comment at the commission was made in the heat of the moment, and whether there was evidence of a "dark truth" or a "dark truth" that senior officers were targeting McCabe. He also considered whether the Minister and Department of Justice acted lawfully in leaving legal strategy to the commissioner, and whether the module was based on leaks and conjecture.

2018-02-05 · Ireland

Husband jailed for marital rape brings appeal

A 46‑year‑old Laois man was convicted of marital rape and sentenced to seven years' imprisonment, with two years suspended, after a Central Criminal Court jury found him guilty of raping his wife on 8 January 2015. He had pleaded not guilty to the rape charge but admitted assaulting her by punching her face on the same occasion. The conviction centred on the question of consent. The man, who cannot be named to protect the victim's identity, has now moved to appeal, arguing that the trial judge erred in directing the jury on recklessness, misdirected the jury on resistance under section 9 of the Criminal Law (Rape) (Amendment) Act 1990, and failed to withdraw the case from the jury. His barrister, Caroline Biggs SC, presented evidence that the couple had been married for 21 years, that the wife had been assaulted and that she later described the subsequent act as consensual sex.

2018-01-29 · Ireland

Uncle who repeatedly raped niece has jail sentence cut on appeal

The Court of Appeal has reduced the prison sentence of an unnamed 26-year-old man from the midlands, who pleaded guilty to three counts of sexual assault and seven counts of raping his niece between January 2007 and August 2014. At the time of the offences, the defendant was aged between 15 and 23, while the victim was aged seven to 14. The original sentencing judge, Mr Justice Patrick McCarthy, imposed a 10-year term, noting the defendant's full moral culpability and the serious nature of the abuse, which occurred in various locations including a relative's house and a treehouse. On appeal, the panel comprising Mr Justice Alan Mahon, Mr Justice George Birmingham, and Mr Justice John Edwards held that the headline sentence was excessive because the offending commenced when the defendant was a minor. Mr Justice Mahon stated that while the defendant bore high culpability for the abuse continuing into adulthood, the fact that it began at age 15 required a more lenient approach. The court determined that a 12-year headline sentence would have been appropriate, but after applying a significant discount for mitigating factors, including the defendant's remorse and engagement in therapy, the sentence was reduced to nine years. The court imposed concurrent nine-year sentences, with the final 12 months suspended to incentivise rehabilitation. The defendant had previously sought a transfer to Arbour Hill prison to access sex offender programs.

2018-01-29 · Tipperary

Woman savagely attacked and raped by former partner

In a Tipperary case, Christopher Mulready, aged 33, received a partially suspended ten‑and‑a‑half‑year prison sentence for a rape and savage assault of his former partner, who is now 28. The victim was attacked while sleeping on a couch on 28 April 2016, suffering a fractured eye socket and cheekbone. The next morning Mulready raped her. He pleaded guilty to assault causing harm but denied the rape charge; a jury found him guilty of rape. Judge Michael Moriarty described the assault as cowardly and despicable, noting the victim's bruises and the lack of remorse shown by Mulready. The judge suspended the last nine months of the sentence, backdated it to April 2016, and ordered no contact with the victim, declaring Mulready a sex offender. The victim, who suffered PTSD, depression, and anxiety, has sought treatment and is rebuilding relationships with her family.

2018-01-29 · Cork

Jury ordered to acquit Derulo tour rape accused of all charges

In a 12‑day trial at the Central Criminal Court, Judge Paul Butler directed a jury to acquit a 35‑year‑old man of all charges of rape, oral rape, sexual assault and false imprisonment against a 19‑year‑old woman. The judge cited the failure to swab the accused's neck for DNA as a serious risk of an unfair trial, and noted that the accused had claimed the complainant had kissed him on the neck, a claim the woman denied. The accused had pleaded not guilty. The prosecution had also dropped all charges against a 44‑year‑old co‑accused due to insufficient evidence. The judge's direction ended the trial, and the jury was excused from service for ten years. The case involved allegations that the woman was forced onto a tour bus after a Jason Derulo concert and was assaulted by two men, but the accused denied all allegations.

2018-01-29 · Galway

Uncle "completely lost control of his moral compass" and raped two nephews

A 59‑year‑old Galway man was sentenced to 12 years' imprisonment for raping and sexually assaulting two nephews while they stayed at his mother's house between 1991 and 1997. He pleaded guilty at the Central Criminal Court. The judge described the abuse as a "horrific breach of trust" and noted the victims' courage in coming forward. The court heard that one nephew was repeatedly anally raped from October 1995 to June 1997, aged 15 to 17, while the other was assaulted from April 1991 to December 1993, aged 13 to 16. The accused entered the spare room, raped the boys, and gave them money afterward. Both victims were told not to disclose the assaults. The judge back‑dated the sentence to December of the previous year when the man entered custody. The accused, who has no prior convictions, claimed he had been abused as a child and apologized, stating he had "completely lost control of his moral compass.".

2018-01-29 · Dublin

Rapist who impersonated garda and threatened to arrest schoolgirl is jailed for six months

Paul Buckley, a 45‑year‑old Cork man, was sentenced to six months' imprisonment on 29 January 2018 for impersonating a Garda and threatening to arrest a schoolgirl. In November 2017, while drinking in Dublin city centre, Buckley approached a teenage girl in school uniform, claimed to be a Garda, and offered her a coffee. When she declined, he threatened to arrest her for truancy, rubbed her hand, and told her she was "sexy". The girl reported feeling uncomfortable and frightened. Buckley pleaded guilty to the impersonation offence. The judge, citing the seriousness of impersonating a Garda, imposed the six‑month term, noting that the court could not infer beyond reasonable doubt that Buckley intended sexual assault. Buckley's prior convictions include a 2005 rape and assault conviction. The sentence reflects the offence of impersonation, with no mention of any suspended portion or effective custody beyond the six‑month term.

2018-01-29 · Kildare

On-the-run criminal in sex attack on woman he met in pub

In January 2018, Paddy Harty, a 44‑year‑old convicted burglar, was sentenced to four years imprisonment for a sexual assault committed on 23 April 2015. Harty met the victim in a pub, they drank together, and he later drove her to a secluded area of The Curragh in County Kildare. While she was still wearing a dress, he forced her down, removed her leggings and underwear, and held her down by her arms. The victim escaped, hid in nearby bushes, and later called the gardai, who could not locate her. She testified that the memory of the attack haunted her daily. Harty pleaded guilty at the Central Criminal Court. The sentence is consecutive to a previous four‑year term for theft and fraud offences. He has 168 prior convictions, including 42 thefts, three burglaries and 12 breaches of domestic violence orders, but no prior sexual offences.

2018-01-26 · Dublin

Rapist impersonated garda and threatened to arrest schoolgirl

Paul Buckley, 45, pleaded guilty to impersonating a garda at Aston Quay, Dublin, on November 11, 2017. The court heard that Buckley, a registered sex offender, approached a teenage girl in school uniform, displayed a business card with a garda logo, and threatened to arrest her for skipping school. He allegedly rubbed her hand, called her sexy, and told her she could not leave. Buckley was identified via CCTV and arrested. He admitted to gardai that he struggled with alcohol abuse. Prosecutors stated Buckley revealed to the Probation Service that the offence was sexually motivated, while his defense counsel argued his motive was to seek human interaction due to loneliness and depression. Buckley was previously convicted of rape and assault causing harm in October 2005, for which he was jailed for four years at the Central Criminal Court. He was released in autumn 2009. Judge Martin Nolan remanded Buckley in custody and stated he would sentence him on Monday. The matter was adjourned for sentencing.

2018-01-26 · Cork

Jury in Derulo tour rape trial hear evidence of complainant's text messages

During the trial of a 35‑year‑old man accused of raping a 19‑year‑old woman at a Jason Derulo concert in Cork on 27 June 2014, a jury heard evidence of the complainant's text messages. Detective Sergeant Jason Lynch presented forensic analysis of the complainant's phone, showing a 3:50 am text to her boyfriend stating she was bruised and had no one, and a later message apologising for texting and mentioning five men. He also showed a 11 am text from a cousin about radio coverage and the complainant's reply that she was at a Garda station. Forensic scientists found no semen on the complainant's body or clothing, and DNA was not detected on six condoms from the tour bus. The prosecution case closed before the judge and jury, with the trial set to resume on Monday. The unnamed 35-year-old pleaded not guilty.

2018-01-26 · Waterford

Former sports coach Bill Kenneally appeals severity of 14-year indecent assault sentence

In 2016, Bill Kenneally, aged 67, was sentenced to 14 years and two months imprisonment for indecent assault on ten teenage boys in Waterford during the 1980s. The sentence was imposed by Judge Eugene O'Kelly, who applied consecutive 17‑month terms for each victim. Kenneally pleaded guilty to ten counts, though originally charged with 70. His appeal to the Court of Appeal concerns the severity of the sentence, arguing the judge's approach was "vengeful" and overly emotive, focusing on victim impact reports rather than legal principles. Kenneally's counsel, Michael Counihan SC, contended that the judge failed to adequately consider mitigating factors such as a guilty plea, psychological issues, and the absence of a prior investigation. The Court of Appeal has reserved judgment on the appeal. The case remains at the appellate stage, with no further outcome reported.

2018-01-25 · Dublin

Court gives "last chance" to ringleader of "spine chilling" burglary where victim's girlfriend was threatened with rape

The Court of Appeal granted a "last chance" to a 22‑year‑old ringleader of a 2011 burglary in which a student was forced to withdraw money from an ATM while the student's girlfriend was threatened with rape. The offender had pleaded guilty to aggravated burglary, robbery and false imprisonment and was sentenced to six years' detention in 2012. In 2015 the Court suspended the final 12 months of that sentence, citing the offender's youth and the need for rehabilitation. The appeal highlighted that the offender, who had 23 prior convictions, had re‑engaged with probation services and secured accommodation. The Court noted that the case involved a "spine‑chilling" threat of violence and that the offender's engagement with probation was deemed unsatisfactory, leading to the suspended period and a bond of €100 for good behaviour. The offender was returned to Wheatfield Prison to continue serving the remaining term.

2018-01-25 · Cork

No closed doors on Derulo tour bus, rape accused told gardai

A 35‑year‑old man accused of raping a 19‑year‑old woman after a Jason Derulo concert in Cork told Gardaí that there were no closed doors on the tour bus where the alleged incident occurred. In a video interview shown to the jury, he claimed he was never alone with the complainant and that other people witnessed him having sex with her in the bus's hallway. He described the encounter as lasting about 15 minutes, including consensual oral sex, and said he removed the condom and returned downstairs. He denied any force, questioned the complainant's account, and said he had only a glass or two of champagne. He pleaded not guilty to rape, oral rape, sexual assault and false imprisonment. The trial continues before Mr Justice Butler and a jury of ten men and two women.

2018-01-24 · Cork

"I've already picked my two girls": rape trial witness tells of after-gig party

During the trial of a 35‑year‑old man accused of raping a 19‑year‑old woman after a Jason Derulo concert, the complainant testified that the accused, referred to as "cap guy," blocked her from leaving the tour bus and forced her onto a bunk bed where he raped her orally and vaginally. She also alleged that a 44‑year‑old co‑accused, the "larger man," joined and raped her. The complainant claimed she escaped after a third man threatened her. Prosecutor Timothy O'Leary informed the jury that the Director of Public Prosecutions had dropped all charges against the 44‑year‑old due to insufficient evidence, following a ruling by Mr Justice Paul Butler. The accused denies all charges, which include rape, oral rape, sexual assault and false imprisonment, alleged to have occurred in a vehicle in Cork on 27 June 2014. The trial is ongoing before Mr Justice Butler and a jury of ten men and two women.

2018-01-24 · Cork

Charges dropped against one of Derulo tour rape accused

In a case involving allegations of rape following a Jason Derulo concert, a judge in the Central Criminal Court dismissed charges against one of the accused men due to insufficient evidence. The complainant, a 19‑year‑old woman, claimed that a 35‑year‑old defendant, referred to as the "cap guy," prevented her from leaving the tour bus, brought her upstairs, and raped her both orally and vaginally while she was partially on a bunk bed. She also alleged that a 44‑year‑old defendant, the "larger man," later joined and raped her. The 35‑year‑old pleaded not guilty to rape, oral rape, sexual assault and false imprisonment, while the 44‑year‑old pleaded not guilty to anal rape and false imprisonment. The court found the evidence against the 44‑year‑old insufficient and the prosecution entered a nolle prosequi, allowing him to leave.

2018-01-22 · Ireland

"Dangerous" serial offender (70) has jail term for sexually abusing autistic boy cut by appeal court

A 70-year-old man convicted of sexually assaulting an autistic child in Co Mayo had his prison sentence reduced on appeal at the Court of Appeal on 22 January 2018. The UK citizen pleaded guilty to one count of sexual assault against an 11-year-old boy in April 2015. He was originally sentenced to six years imprisonment in February 2017. The Court of Appeal, led by Mr Justice Alan Mahon, reduced the final 15 months of the sentence to a suspended term, conditional on participation in a sex offender programme and good behaviour. The court acknowledged the man's extensive prior history of sexual offences committed in the UK over several decades, describing him as dangerous. However, it noted he had maintained a clean record in Ireland for approximately 22 years prior to this offence and was serving as primary carer for his significantly disabled wife. The suspended element was imposed to incentivise rehabilitation.

2018-01-22 · Ireland

Man found guilty of repeated rape and sexual assault of sister

A 49‑year‑old man from Meath was found guilty by a Central Criminal Court jury of four counts of rape and three counts of sexual assault against his teenage sister between 1983 and 1990. He was acquitted of one count of sexual assault that occurred in their father's car in 1982. The jury delivered a unanimous verdict after six hours of deliberation following a week‑long trial. The sister, who was aged between about 14 and 20 during the offences, described the abuse as beginning with touching and tickling, progressing to rape, and occurring in fields, wooded areas, a shed and the family home. She said the brother always ejaculated on her stomach and claimed a local priest had advised him to do so to prevent pregnancy. The trial was emotionally taxing for the sister, who took several breaks and was supported by Justice Deirdre Murphy. The man was remanded in custody ahead of sentencing on 19 February. The unnamed 49-year-old pleaded not guilty.

2018-01-22 · Longford

Suspended sentence for man who pleaded guilty to defiling girl (15) when he was 16

A 20-year-old man from Limerick has received a fully suspended two-year sentence at the Central Criminal Court after pleading guilty to the defilement of a 15-year-old girl in Longford in June 2013. The offence occurred when the defendant was 16 years old. He initially pleaded not guilty to rape in October 2017, but changed his plea hours into his trial. Mr Justice Paul Butler noted that the defendant and complainant were "effectively peers" and that imprisonment would serve no purpose. The judge accepted the victim's impact statement as credible, in which she described the lasting psychological harm caused by the incident. The suspended sentence is conditional on the defendant attending probation sessions and group therapy to address the nature of his offence. He must also maintain no contact with the victim. The defendant, who has no previous convictions, is currently in full-time employment.

2018-01-22 · Kildare

Violent sex attacker has repeatedly failed to meet probation officer, court told

Sean Thackaberry, aged 24, was released from Midlands Prison in June 2017 after serving a seven‑and‑a‑half‑year sentence for aggravated sexual assault, with the final two‑and‑a‑half years suspended. He has failed to attend 12 scheduled meetings with his probation officer, Dermot Lavin, citing excuses such as holidaying in France, viewing rental properties, being in Dublin, and unverified appendicitis surgery. Thackaberry also moved to an unapproved address near the victim's family, breaching the Sex Offenders Act. The victim, Michelle Hennessy, 26, was assaulted on 30 January 2011 and later took her own life. Thackaberry was recently jailed for three months for an assault committed in custody and remains in custody pending a decision on whether to impose the suspended portion of his sentence. The court noted his non‑attendance as a significant issue and considered reactivating only part of the suspended term.

2018-01-19 · Donegal

Convicted abuser claims jury verdict was "perverse"

A 66-year-old man imprisoned for sexual offences against a family member has appealed his conviction at the Court of Appeal in Dublin, arguing the jury's verdict was perverse and unsupported by evidence. The man was convicted in May 2017 of three counts of sexual assault and two counts of rape committed between November 1992 and December 1994 in Donegal and Dublin. He received a seven-year sentence from Ms Justice Margaret Heneghan. His counsel raised concerns about inconsistencies in the complainant's testimony, including uncertainties regarding locations and details, and highlighted the absence of corroboration. The Director of Public Prosecutions contended that substantial evidence supported the jury's verdict and that assessing credibility and weight remained within the jury's province. Mr Justice George Birmingham, sitting with colleagues, indicated the court would reserve judgement on the appeal. The unnamed 66-year-old pleaded not guilty.

2018-01-19 · Dublin

Man who sexually abused sister and raped niece is jailed

A 55‑year‑old Dublin man was sentenced to six years' imprisonment for a series of sexual offences against his sister and niece. He pleaded guilty to one count of indecent assault on his niece between 1978 and 1980. A jury had earlier convicted him of further indecent assaults on his sister and niece, and of two counts of rape of his niece between 1976 and 1984. The court noted that the abuse began when the man was 14, when his sister was 7 to 10, and continued when he was 16 to 22, while the niece was 5 to 11. The judge highlighted the profound impact on the victims, the secrecy of the crimes, and the delay before they were reported in 2012. He imposed concurrent sentences totalling six years, with two years of post‑release supervision and a prohibition on any contact with the victims, directly or indirectly, including through social media.

2018-01-18 · Ireland

O'Sullivan did not contribute to legal instructions to challenge McCabe, witness tells Tribunal

During the Charleton Tribunal, a Garda witness testified that former Commissioner Noirin O'Sullivan did not contribute to a draft document that outlined legal instructions to challenge whistleblower Sergeant Maurice McCabe's motivation. The draft, produced in May 2015, incorrectly alleged that McCabe had told Superintendent Noel Cunningham in August 2008 that his complaints were aimed at forcing a senior officer to release the Director of Public Prosecutions' (DPP) directions in a sexual‑assault case. McCabe later revealed an audio recording of the meeting, proving the alleged admission never occurred. The recording and a subsequent report prepared by Superintendent Cunningham, sent to Chief Superintendent Colm Rooney, confirmed McCabe's account. The tribunal examined whether false allegations of sexual abuse or other unjustified grounds were inappropriately relied upon by Commissioner O'Sullivan to discredit McCabe at the O'Higgins Commission of Investigation. The witness clarified that the Commissioner's legal team was involved in drafting the document, but the Commissioner herself was not.

2018-01-18 · Dublin

Boy (13) who sexually assaulted teen is sentenced to detention

A 13‑year‑old boy was sentenced to ten months' detention after sexually assaulting a 16‑year‑old girl in a public park. The incident occurred while the boy was with his uncle and cousin, who were described by Garda Timothy McCaul as bad influences and who had bullied and intoxicated him. The victim, who was distressed, offered to help the boy get a taxi; he then pushed her to the ground, assaulted her and fled. CCTV identified the boy, who was arrested and later pleaded guilty to sexual assault. He had no prior convictions and was described by his defence counsel as a child with a chaotic background and low maturity. Judge Martin Nolan, considering the boy's need for "normality," imposed the detention and ordered ten months of probation supervision thereafter.

2018-01-18 · Cork

Women on Jason Derulo tour bus told: "If you're not on this bus to have sex then get off"

During the trial at the Central Criminal Court, two men aged 35 and 44 were accused of raping a 19‑year‑old woman on a Jason Derulo tour bus in Cork on 27 June 2014. The 35‑year‑old pleaded not guilty to rape, oral rape, sexual assault and false imprisonment; the 44‑year‑old pleaded not guilty to anal rape and false imprisonment. The complainant's friend described the bus as dingy and jammed, and said she left after hearing a man say, "If you're not on this bus to have sex then get off." Witnesses reported the complainant was forced onto the bus, allegedly raped by two men—one from behind and one from the front—while she was half in and half out of a bunk bed. The trial is proceeding before Mr Justice Paul Butler with a jury of ten men and two women. Mr Derulo is not charged with any offence.

2018-01-18 · Dublin

Seven-year sentence for sex attacker who "stalked" woman from Nitelink bus

In a Dublin Circuit Criminal Court hearing, judge Martin Nolan sentenced 23‑year‑old Eduard Boaca to seven years in prison for two separate offences. The first, committed on 18 December 2016, involved Boaca following a woman off a Nitelink bus, robbing her, threatening her with a knife and demanding oral sex. He was convicted of robbery and sexual assault and received a five‑year term. The second offence, on 4 May 2017, saw Boaca lock a woman in a McDonald's toilet cubicle, again threatening with a knife and demanding oral sex. He pleaded guilty to false imprisonment and was given a four‑year term, to run consecutively with the first. The judge suspended the final two years of the sentence, hoping for Boaca's rehabilitation. Boaca's prior convictions were for minor offences. The court heard that the victim's trust in men was severely affected, and she suffered financial loss and emotional distress following the attacks.

2018-01-18 · Ireland

Senior gardai under "enormous stress" after McCabe allegations

The Charleton tribunal heard that senior Gardaí were under "enormous stress" after allegations made by whistle‑blower Sergeant Maurice McCabe. Solicitor Annmarie Ryan, representing the Garda Commissioner's legal team, said the allegations of corruption against officers "fell away" because there was no evidence to support them. She noted that the stress affected the officers' families and that some had been under stress since 2008. McCabe had claimed corruption, but the allegations were later withdrawn. Ryan said the O'Higgins inquiry had accepted McCabe's credibility and called him "a man of integrity." The tribunal concluded that the Commissioner had not relied on false allegations of sexual abuse at the inquiry, and will continue to examine whether any other unjustified grounds were used to discredit McCabe.

2018-01-18 · Dublin

Society living in time of "great vindication" for sex crime victims, barrister tells appeal court

An unnamed 46-year-old man has appealed his conviction at the Central Criminal Court, where the matter was adjourned with the court reserving its judgement. The appellant was found guilty by a jury of eight counts of indecent assault, one count of anal rape, and one count of sexual assault, allegedly committed between 1988 and 1991 against his eight-year-old nephew. At sentencing, Mr Justice Patrick McCarthy imposed a ten-year prison term, citing the "appalling regularity" of the abuse and the victim's age. The appellant's barrister, Mary Rose Gearty SC, argued that society is in a time of "great vindication" for victims, but contended that the investigation failed to engage with specific allegations and that the complainant changed his account regarding the most serious charges. She submitted that the trial judge should have intervened to protect the accused's rights. Conversely, DPP counsel Orla Crowe SC noted that 26 of 36 allegations were withdrawn by the trial judge and maintained that the complainant's account remained consistent. The appeal was heard by a bench including Mr Justice Alan Mahon, who stated the court would reserve its judgement.

2018-01-17 · Cork

Derulo tour bus "shaking as if there was a disco", driver tells rape trial

During the fourth day of the trial at the Central Criminal Court, bus driver Patrick Bushby testified about the night of 26/27 June 2014, when a Jason Derulo tour bus was reportedly shaking as if a disco were playing, though no music was heard. Bushby, who was hired to pick up the band after a concert at The Marquee in Cork, described a chaotic scene outside the nightclub, with many people and vehicles. He noted that the bus was crowded with girls, and that a girl in an olive jumpsuit was seen talking to a 35‑year‑old man, later identified by the prosecution as "cap guy." Bushby observed the girl leave the bus, return, and then remain on the vehicle as the bus continued to shake for about twenty minutes. Gardaí arrived ten minutes later after a report of an incident. The unnamed 35-year-old pleaded not guilty.

2018-01-16 · Cork

Derulo tour complainant agrees that differing accounts were "false memories"

A woman who claims she was raped by two men after a Jason Derulo concert says her evidence was the whole truth, and that conflicting accounts she gave to a garda, a nurse and her first official garda statement were "false memories". The defendants, aged 35 and 44, deny the offences alleged to have occurred in a hired tour bus in Cork on 27 June 2014. The 35‑year‑old pleaded not guilty to rape, oral rape, sexual assault and false imprisonment of the 19‑year‑old woman; the 44‑year‑old pleaded not guilty to anal rape and false imprisonment. The court heard that the complainant first gave a statement to gardaí on 27 June and a second statement 10 days later. She admitted that she had said things that "simply didn't happen" when describing what had occurred in the hours after the alleged incident, and agreed with counsel that these were "false memories".

2018-01-15 · Cork

Scene on Jason Derulo tour bus "like something from Amsterdam", alleged rape victim tells trial

A 19‑year‑old woman accused two men of rape and false imprisonment on a tour bus after a Jason Derulo concert in Cork on 27 June 2014. The defendants, aged 35 and 44, pleaded not guilty to rape, oral rape, sexual assault, false imprisonment, and anal rape. The complainant described the bus scene as "like something from Amsterdam," detailing how a man with a cap approached her, forced her to remove her jumpsuit, and raped her while she was restrained. She claimed a second, larger man also raped her. She escaped after a third man threatened her. The trial is ongoing before Mr Justice Paul Butler and a jury. The case involves allegations of sexual assault and false imprisonment, with the defendants denying the charges.

2018-01-15 · Monaghan

McCabe allegation discussed at meeting between gardai and lawyers before inquiry, tribunal hears

The Charleton tribunal heard evidence concerning discussions between gardai and lawyers about a decade-old indecent assault allegation against Sergeant Maurice McCabe in the days before the O'Higgins Commission of Inquiry began hearings in May 2015. The Director of Public Prosecutions had directed no prosecution in 2006, finding it unclear whether any crime had occurred. The tribunal is examining whether false allegations or other unjustified grounds were improperly used by Garda Commissioner Noirin O'Sullivan to challenge Sergeant McCabe's credibility. Evidence was heard from Ken Ruane, legal advisor to An Garda Siochana, and solicitor Annmarie Ryan regarding a 11 May 2015 meeting at which the allegation was discussed. Mr Ruane stated that an internal garda report had accepted Sergeant McCabe acted in good faith. Ms Ryan's notes indicated Chief Superintendent Fergus Healy raised the allegation, and that counsel subsequently advised the commissioner to challenge Sergeant McCabe's motivation. Tribunal counsel questioned whether the discussion represented an effort to portray Sergeant McCabe as embittered. The inquiry continues.

2018-01-15 · Ireland

Autistic teen with "sad upbringing" gets suspended sentence for raping boy

An 18-year-old male, convicted in 2016 of one count of anal rape and two counts of sexual assault committed in July 2015 when he was 16, was sentenced today by Mr Justice Coffey in the Central Criminal Court. The court heard the accused, who was diagnosed with ADHD and is on the autism spectrum, had a difficult upbringing. During the trial, he claimed the incidents were consensual. Following a one-year deferral of sentence to allow for a multi-agency care plan, the judge imposed a three-year prison term today. This sentence was suspended on strict conditions, including that the accused must return to court in one year for review. The judge noted that while multi-agency supports were producing desired results, the case could not be definitively finalised. Additional conditions prohibit the use of intoxicants, require no contact with the injured parties or their families, and mandate compliance with Probation Service directions and all recommended treatments. The judge reserved the right to re-enter the case in January 2019 if conditions are breached. The victims, who were 13 at the time, remain in counselling. The accused also made three allegations of being abused himself, one of which remains under investigation.

2018-01-12 · Cork

Men go on trial accused of raping teenager after Jason Derulo concert

Two men, aged 35 and 44, are on trial in the Central Criminal Court for rape, false imprisonment and related offences against a 19‑year‑old woman. The alleged incidents took place in a vehicle at an unknown location in Cork city on 27 June 2014, after a "VIP party" following a Jason Derulo concert. The 35‑year‑old pleaded not guilty to rape, oral rape, sexual assault and false imprisonment; the 44‑year‑old pleaded not guilty to anal rape and false imprisonment. The prosecution, led by Timothy O'Leary SC, outlined that the complainant was present at the nightclub, was invited to a second location, and was allegedly taken in a vehicle by a man wearing a cap (the 35‑year‑old) who allegedly raped and assaulted her, and by a larger man (the 44‑year‑old) who allegedly anally raped her.

2018-01-11 · Dublin

DPP not proceeding with third trial against rape accused who claimed he suffered from "sexsomnia"

The Director of Public Prosecutions has decided not to proceed with a third trial against a 31‑year‑old man who claimed he was acting in his sleep when he allegedly raped a friend. In the first trial in 2015 the case collapsed before a jury could deliberate. The second trial in 2016 ended with a hung jury after more than eight hours of deliberation and a month‑long trial. During the third trial, the prosecution counsel informed the judge that a jury would not be required and that a nolle prosequi would be entered on the single charge.

2017-12-22 · Dublin

Grandfather who raped niece (41) on Christmas night is jailed

In a Central Criminal Court trial, a 62‑year‑old Dublin man was convicted of raping his 41‑year‑old niece on Christmas night 2014. The victim reported the offence to Gardaí three months later after discovering a letter from the accused that included a lie‑detector test claiming the sex was consensual. The accused pleaded not guilty, but a jury found him guilty. At sentencing, Mr Justice Tony Hunt noted the lack of any background relationship suggesting consent and the profound impact on the victim and her family. He imposed a custodial sentence of five and a half years, citing the offender's advanced age, medical issues, and good character as mitigating factors. The victim's impact statement highlighted lasting trauma, loss of safety in her home, and a shattered family life. The case remains a single‑incidence rape conviction with no prior convictions for the accused.

2017-12-22 · Dublin

Surgeon jailed last month for indecent assault is released on bail pending appeal

Michael Shine, an 85‑year‑old retired consultant surgeon from Dublin, was jailed last month for indecently assaulting two 15‑year‑old boys in the 1970s. He was convicted on eight counts of indecent assault at Our Lady of Lourdes Hospital and his private clinic in Drogheda between 1964 and 1991, but was acquitted on the remaining counts. The jury found him guilty of the two 1970s assaults, and the judge imposed consecutive 10‑month sentences, totalling 20 months, a term within the offence's two‑year maximum. Shine has lodged an appeal against both conviction and sentence. On 2 December, the three‑judge court granted him bail pending the appeal, subject to conditions such as residing at his home, attending court dates, signing in weekly at a Garda station, not applying for a passport, and expediting his appeal. The appeal focuses on alleged procedural errors and the harshness of the custodial term given Shine's age and health. Michael Shine pleaded not guilty.

2017-12-20 · Dublin

Convicted child abductor is jailed for rape of teenage boy

A 42‑year‑old man, previously convicted of kidnapping a child in London, was sentenced to seven years' imprisonment for raping a 13‑year‑old boy in Dublin between June and September 1994. He pleaded guilty at the Central Criminal Court and was ordered to serve five years of post‑release supervision. The court noted his 28 prior convictions, including a kidnapping conviction at the Old Bailey. The victim, who was 13 at the time, was abused while the man lived in the same house as the boy and befriended the boy's mother. The man admitted to molesting the boy, giving him money, threatening to expose the boy's mother, and raping him twice, with the third assault involving physical violence. He denied any violence, but the court found evidence of it. The judge considered the man's genuine remorse and his history of being abused as a child, but stated that these did not excuse his actions.

2017-12-19 · Wicklow

Youth (19) who raped "vulnerable" teenager jailed for 6.5 years

Trevor McDonagh, aged 19, was convicted in the Central Criminal Court of anally raping a 16‑year‑old girl, biting her breast, and engaging in a sex act with a child under 17 on 4 March 2014 in County Wicklow. He pleaded not guilty to these offences but pleaded guilty to stealing the victim's phone on the same date. The court heard that McDonagh, who was 15 at the time of the offence, lured the girl into a lane, forced her against a wall, bit her breast while she struggled, and then fled when he thought Gardaí were nearby. The victim suffered hair loss, seizures, and attempted suicide; she described the assault as "disgusting, dirty, unwanted." McDonagh was sentenced to eight years, with the final 18 months suspended, on the condition he makes no contact with the victim, stays away from her area, and behaves well.

2017-12-18 · Ireland

"Shocking depravity": man gets 14-year sentence for repeated rape of children

A 46-year-old Mayo man has been sentenced to 14 years imprisonment at the Central Criminal Court following his guilty pleas to 31 counts of rape involving two victims. He pleaded guilty to 20 counts of oral and anal rape of a boy between August 1997 and April 2008, and 11 counts of raping his own daughter from mid-2007 over two years. Mr Justice Tony Hunt imposed a headline sentence of 19 years, reduced to 14 years in recognition of the guilty pleas, which spared the victims from giving evidence at trial. The judge described the offences as of shocking depravity. The man was ordered to undergo post-release supervision for three years. Both victims provided impact statements detailing long-term psychological harm. The court heard the accused groomed the first victim over years of systematic abuse, while exerting total control over his daughter through threats and intimidation. The man cannot be named to protect the victims' identities.

2017-12-18 · Dublin

Legal academic jailed for sexual abuse launches action over prison disciplinary sanction

Legal academic Brian Doolan, who was convicted in 2016 on 42 of 44 charges of sexual abuse, including 11 counts of rape, of a male, has launched a High Court challenge regarding a prison disciplinary sanction. Doolan, who taught law at the Dublin Institute of Technology, is currently serving a 12-year sentence with two years suspended at Arbour Hill Prison. He is challenging a finding by the Prison Governor that he breached prison rules by instructing his son to post comments on his website criticising the victim's support group, "One in Four," and the complainant. The Governor imposed a 30-day ban on phone calls and visitors. Doolan's counsel, Feichin McDonagh SC, argued that the conduct did not disrupt prison order, was not covered by prison rules, and that procedural fairness was breached because a transcript of the relevant phone calls was provided only after the hearing. Additionally, Doolan contends that the appeal procedure violates his constitutional and European Convention on Human Rights rights. He seeks to quash the finding of guilt and the imposed punishment, along with declarations regarding the breach of his rights. Mr Justice Seamus Noonan granted permission to bring the action on an ex-parte basis on Monday, with the matter set to return to court in February.

2017-12-18 · Wicklow

Father raped daughter while she was recovering from serious injuries

A 55‑year‑old man from Wicklow was sentenced to 13 years' imprisonment for raping his daughter and her young cousin. The Central Criminal Court heard that the man raped his daughter after she had spent two weeks in hospital recovering from serious leg burns. Over a five‑year period from 1988 to 1995, he sexually abused her on a weekly basis, beginning when she was seven. He also pleaded guilty to two rapes and one indecent assault of his niece between June 1986 and May 1988, when she was aged eight to ten. The court described the abuse as involving digital penetration, oral sex and physical violence, and noted the victims' confusion, fear and pain. The judge, Ms Justice Isobel Kennedy, highlighted the aggravating factors of the victims' young ages, the physical harm inflicted and the breach of trust, and imposed a 13‑year sentence with a four‑year post‑release supervision period.

2017-12-16 · Dublin

Garda denies sex assault investigation was "rank with incompetence"

In a Dublin Circuit Criminal Court hearing, Donal Geoghegan, aged 37, pleaded not guilty to sexually assaulting a bar woman on 21 November 2015. On the third day of trial, defence counsel Michael O'Higgins SC cross‑examined Sergeant Joanne McCormack, the investigating officer. McCormack had reviewed CCTV footage showing an unidentified man, referred to as "Mr X", engaging in tactile behaviour with several women, including placing hands on arms and hair, patting a head and approaching a fourth woman's arm. She stated that Mr X's conduct could be assault but not sexual assault, and that no complaints were made against him. O'Higgins suggested that treating Mr X as a person of interest would expose the investigation as incompetent. McCormack denied this, asserting the investigation was professional and that she had not considered Mr X a suspect.