A 22‑year‑old asylum seeker from Nigeria, Kenneth Udeh, was sentenced to five years' imprisonment for raping a woman in Waterford on 14 September 2014. The victim was out for a night in the city when Udeh offered her a lift after she had left a pub. He raped her in his car, and a passer‑by shouted at them, causing Udeh to flee. The victim's victim impact statement described the assault as a "complete violation" that left her feeling she had nothing to live for and that it severely damaged her relationship with her partner. Udeh pleaded guilty on the day of his trial at the Central Criminal Court, where Judge Patrick McCarthy imposed a five‑year sentence back‑dated to reflect time already spent in custody. He is appealing his asylum status to the Refugee Appeals Tribunal.
In a Dublin Circuit Criminal Court case, a 42‑year‑old man was found guilty of two counts of sexual assault against an 11‑year‑old girl between March 18 and April 20, 2008. The court heard that on one occasion the accused rubbed the child's chest and legs for about twenty minutes, and on a second occasion he thrust himself against her while her father was in the bathroom. The girl's mother had been away for weeks when the offences occurred, and the incidents were discovered when she returned. The man had no prior convictions. Judge Patricia Ryan imposed a two‑year sentence, suspended the final year, and ordered the man to register as a sex offender. The court noted the victim's vulnerability and the accused's low risk of re‑offending. The case was prosecuted by Fiona McGowan BL and defended by Paul Greene SC.
Kevin Carroll, 56, was sentenced to ten years' imprisonment for raping a girl who was about seven when the offence occurred in an Offaly school between 1996 and 1998. He pleaded not guilty to rape and anal rape, was convicted on both counts, and the judge noted that the victim was a defenseless child and that Carroll held a position of authority. The court imposed a ten‑year term, ordered two years of post‑release supervision, and required Carroll to register as a sex offender. The victim gave a victim impact statement, describing the lasting emotional effects and the difficulty of attending school exams in similar halls. Carroll intends to appeal, citing alleged juror misconduct during the trial. No mitigation was offered by the defence. The sentencing took place in the Central Criminal Court.
A 21-year-old man has been acquitted at the Central Criminal Court of rape allegations arising from an incident in Donegal Town in July 2012. The accused had pleaded not guilty to the charge. The trial heard evidence that the complainant and the accused, both aged 18 at the time, engaged in consensual sexual contact in an alleyway before the allegation arose. The defence case centred on the position that the accused ceased sexual contact immediately when the woman expressed her wishes. The jury was shown footage of the accused's garda interview, during which issues relating to the interviewing garda's conduct were raised. Mr Justice Tony Hunt addressed the jury following the verdict, acknowledging the difficulty inherent in cases where consensual activity is alleged to have become non-consensual. The woman wept as the acquittal was delivered. The judge noted that both parties had likely endured considerable hardship pending trial conclusion.
The jury in a rape trial at the Central Criminal Court is to resume deliberations tomorrow following over two hours of consideration today. The accused, now aged 21, has pleaded not guilty to the charge of raping a woman in an alleyway in Donegal Town in July 2012, when both parties were 18 years old. The trial before Mr Justice Tony Hunt concluded after six days of evidence.
A jury at the Central Criminal Court has been told that prior consensual sexual contact does not permit subsequent forced intercourse. The trial concerns a 22-year-old Donegal man charged with rape alleged to have occurred in an alleyway in Donegal Town in July 2012. The accused has pleaded not guilty. Prosecution counsel submitted that prior agreement to sexual contact did not constitute permission for further acts without consent, referencing established judicial guidance on such matters. Defence counsel argued the accused stopped immediately upon protest and questioned the prosecution's account of events. The jury of twelve was instructed to begin deliberations following the judge's address. The case remains before the court pending verdict.
A man from Donegal Town is on trial at the Central Criminal Court on a charge of rape alleged to have occurred in July 2012. During garda interviews following the incident, the accused stated he was "very very sorry" and acknowledged attempting sexual contact without consent. He told investigators he had initially provided false accounts because he feared his parents would believe him to be a rapist. The accused claimed he ceased his actions when the woman objected and that the pair subsequently sat together before parting ways. He acknowledged awareness that the woman had sustained an injury during the encounter. When questioned by gardaí regarding why he did not contact her afterwards, he suggested concern about her potential embarrassment. The accused has entered a not guilty plea. The trial is proceeding before Mr Justice Tony Hunt and a jury comprised of twelve members.
This report details seven extraordinary exonerations in Irish courts, highlighting cases where the justice system failed accused individuals. Among the validated subjects is Nora Wall, a former nun convicted in 1999 of rape, a charge she did not plead to but was found guilty of. She became the first woman convicted of rape in the State's history and the first to receive a life sentence for the crime, handed down by Mr Justice Paul Carney. However, her sentence was quashed after a prosecution witness admitted fabricating evidence, and in December 2005, the Court of Criminal Appeal declared her conviction a miscarriage of justice. Another subject, Michael Hannon, was convicted in 1999 of sexually assaulting a ten-year-old girl, Una Hardester, and assaulted Hannon's father. Hannon received a suspended prison sentence of four years. In 2009, the Court of Criminal Appeal declared his conviction a miscarriage of justice after Hardester admitted her allegations were fabricated for revenge following a land dispute. Christy Lynch, convicted of the murder of Vera Cooney in 1976, was also exonerated. Lynch claimed his confession was extracted under duress by the Garda murder squad. Although the Court of Criminal Appeal initially ordered a retrial, the Supreme Court ultimately set Lynch free, declaring him an innocent man based on the inadmissibility of his coerced statement. These cases underscore significant failures in the Irish legal process.
In 2016, a 56‑year‑old drama teacher was convicted of raping a 7‑year‑old student at an Offaly school between 1996 and 1998. He pleaded not guilty to rape and anal rape, but was found guilty on both counts. The sentencing hearing was adjourned to Friday, and he was remanded on continuing bail. The victim, now 25, gave an emotional impact statement, describing the trauma and its lasting effects. Defence counsel Colm Smyth SC said he would appeal, citing alleged misconduct by a juror who was "smiling and winking" at Gardaí during the trial. The juror was present at the sentencing hearing and had been seen consulting with Gardaí all morning. The case highlighted the teacher's position of trust and the seriousness of the offence. The trial also included testimony from a caretaker and a statement from a local priest. The judge, Ms Justice Margaret Heneghan, adjourned the sentencing.
A trial at the Central Criminal Court has heard evidence concerning an alleged rape in a Donegal town alleyway in July 2012. The accused has pleaded not guilty to the charge. The complainant, then eighteen years old, attended hospital that night with severe bleeding. During cross-examination, the defence counsel suggested the woman had fabricated the allegation in response to being questioned about a blood stain on her clothing by friends. The woman denied this assertion. The defence also contended she had sought to withdraw her statement because the allegation was untrue. The complainant explained she initially wished to withdraw because she felt frightened and wished to move past the incident, but later recognised the seriousness of the matter and chose to proceed. She described the accused's conduct and stated he disregarded her refusal of consent. The trial, before a jury of seven men and five women, continues.
In February 2016, the Court of Appeal dismissed the appeal of Indian national Dileesh Soman, 33, who had been sentenced to four years' imprisonment with the final 12 months suspended for sexually assaulting a 30‑year‑old postgraduate student in Cork City on 11 November 2013. Soman, who had lived and worked in Ireland for over six years, had used the alias 'Aaron' and entered the victim's apartment after she had advertised a room on daft.ie. During the assault he forced her to expose parts of her body, touched her breasts, opened her jeans, and inserted his hand into her vagina, while making remarks such as 'nothing bad is going on' and 'it's okay, we're not going to have sex here.' The victim, who had never advertised for a flatmate before, later reported the incident to the Gardaí. Dileesh Soman pleaded guilty.
A trial at the Central Criminal Court has heard evidence from a woman who alleges she was raped in an alleyway in Donegal Town in July 2012 when she was eighteen years old. The complainant told the jury that the medical examination conducted afterwards was deeply distressing. She described meeting the accused, a man she knew, at a nightclub. She said that when they went outside, he led her to an unlit alley where he subjected her to a serious sexual assault against her will, causing her severe injuries requiring hospital treatment. The accused has pleaded not guilty to rape. The woman said she disclosed what had occurred to friends, who brought her to hospital and alerted gardaí. The trial, before Mr Justice Tony Hunt and a jury, continues.
In a case heard at the Central Criminal Court, Faisal Ellahi, aged 34, was convicted of raping a young woman with Down syndrome after luring her to his home. The court had repeatedly adjourned sentencing to allow the defence to prepare a psychological report claiming Ellahi had a very low IQ. The report was not ready, and counsel for Ellahi, Padraig Dwyer SC, informed the court that no further psychological evidence would be presented. Judge Tony Hunt adjourned the case until 14 March for sentencing, allowing the victim to observe the proceedings via video link. Ellahi, originally from Haripur in Pakistan, had pleaded not guilty to rape, sexual assault and having sex with a mentally impaired person, and was convicted of rape and sexual assault. The defence had argued that Ellahi's IQ was 73, below the threshold of 70 for mental disability, but the psychologist's assessment could not be used for mitigation because it lacked a lie‑scale test.
In Waterford, a 22‑year‑old asylum seeker from Nigeria, Kenneth Udeh, pleaded guilty to raping a woman on 14 September 2014. The victim, who cannot be named, told the court she felt she had no reason to live after the assault and that it severely damaged her relationship with her partner. She said she now feared black men and would not take a taxi from a black driver, adding that Udeh should not be allowed to remain in the country. Udeh had arrived in Ireland in 2009, applied for asylum twice and was refused both times; he is appealing to the Refugee Appeals Tribunal. He was remanded in custody until 29 February for sentencing. The court heard a victim impact report in which the woman described Udeh as having "violated" her and taken "complete advantage" of her.
The sentencing of Faisal Ellahi, 34, who was convicted of raping a young woman with Down syndrome in Dublin, was adjourned to the following day. The court had to delay because a psychological report proving Ellahi's very low IQ was not ready. Ellahi had pleaded not guilty to rape, sexual assault and having sex with a mentally impaired person at his home on 12 June 2013. The jury had found him guilty of rape and sexual assault, and the case was set for sentencing last month.
William Coster, aged 45, was convicted of sexually assaulting his step‑daughter, who believed him to be her father. The victim, now in her mid‑twenties, was aged 12‑16 during the abuse, which began in 2002 and ended after her sixteenth birthday. A jury at the Central Criminal Court acquitted him of all rape charges but convicted him of all sexual assault charges, sentencing him to 10 years imprisonment on 20 January 2014. Coster had pleaded guilty to five representative counts of sexual assault and denied the remaining counts and 35 rape charges. On appeal, the Court of Appeal found the 10‑year sentence "out of line" with comparable cases and reduced it to seven years, to run concurrently. Coster accepted the conviction and did not pursue further appeal. The judge noted the prolonged, intensive nature of the abuse and its profound impact on the victim.
In a Central Criminal Court trial, an 83‑year‑old US citizen was acquitted of two counts of rape and two counts of sexual assault against a 17‑year‑old American relative. The accused testified that the sexual acts were consensual, claiming the girl performed oral sex on him after she confided in him about her weight problem. He said she never objected and could have stopped the interactions. The girl testified that she was held down, forced to perform oral sex, and that attempts at penetrative sex were painful and stopped because he was physically unable. A jury of twelve deliberated for just under five hours and returned unanimous not‑guilty verdicts on all charges. The case ended with the accused's acquittal.
A 56‑year‑old Dublin man was convicted by a jury of 43 counts of indecent assault against a young relative who was between six and nine years old when the abuse occurred between 1983 and 1986. The victim was cared for by the accused man's mother while her own mother was at work. The court heard that the man forced the victim into a bathroom, locked the door, made her masturbate him, warned her not to tell anyone, and grabbed her vagina on two occasions. The victim's impact statement described the loss of innocence, self‑harm and psychological damage. The judge, Gerard O'Brien, found no remorse and noted the man's lack of prior convictions as a mitigating factor. He imposed an eight‑year sentence, suspended the final year on strict conditions, and urged the victim to consider the matter closed. The accused man does not accept the verdict.
A 48‑year‑old Kilkenny man was sentenced to ten years' imprisonment, with the final year suspended, for 15 counts of rape, one count of oral rape and one count of sexual assault of a 14‑year‑old boy who lived with his 30‑year‑old cousin. The abuse began when the victim was 14 and continued for over three years, with the man claiming a consensual relationship after the victim turned 16. He admitted forcing the boy to perform oral sex and that he had used cooking oil as a lubricant. The jury heard that the man was often drunk, physically violent and had a history of alcohol problems. The judge ordered the man to undergo alcohol treatment upon release and prohibited any contact with the victim for life. The case was heard in the Central Criminal Court. The unnamed 14-year-old was convicted.
The High Court has allowed a prosecution to proceed against a man accused of sexually assaulting another man in an elevator. The accused, who denies the allegation, had sought an order to halt the trial because he claimed that video evidence of the alleged assault had been destroyed, which he said was prejudicial. The Director of Public Prosecutions opposed the application, arguing the case should go ahead before the District Court. The alleged assault took place in January 2013 in the elevator of an apartment block where both men lived. The accused allegedly asked a question about men with "big cars" and then grabbed the other man's crotch, squeezing his testicles. The complainant, who was believed to be intoxicated, later followed the accused to his apartment. Both parties took photos and videos on their phones, but the accused claimed the images were deleted in the presence of a Garda.
In February 2016 a Dublin court sentenced a 32‑year‑old trainee Montessori teacher for sexual assault and child pornography. He had taken 46 images of a four‑year‑old girl, including her private parts and a photo of him with his finger in her mouth, and sent them to his email. Gardaí discovered 688 images on his hard drives and computers, including 586 of children in erotic poses, over 90 of penetrative and non‑penetrative interactions, and several depicting genital mutilation. The victim's parents testified that the child feared returning to the playschool and suffered lasting trauma. The defendant pleaded guilty to the assault, the production of child porn and possession of the images. He was remanded in custody pending sentencing in March 2016.
Magnus Meyer Hustveit, 25, pleaded guilty to one count of rape and one count of sexual assault against his 28‑year‑old girlfriend between 2011 and 2012. He received a wholly suspended seven‑year sentence from Mr Justice Patrick McCarthy on 13 July 2015. Prosecutors, led by Mary Rose Gearty SC, appealed, arguing the sentence was unduly lenient, citing the repeated rapes, the victim's sleeping state, and the alleged betrayal of trust. They highlighted the victim's trauma and Hustveit's attempts to cross‑examine her medical information. Hustveit's counsel, Caroline Biggs SC, defended the suspended sentence, noting his email admission, good character, youth, low re‑offending risk, cooperation with authorities, and guilty plea. Mr Justice George Birmingham, with two other judges, reserved judgment, noting the hearing's stress but leaving Hustveit's status unchanged. The appeal's outcome remains pending.
A 28‑year‑old army private, Bernard Fleming, was convicted of attempted rape, oral rape and sexual assault of a woman in Dublin on 24 September 2011. The incident began after the victim and Fleming's friend had been drinking outside an early house; the victim later went to Fleming's home where they continued drinking. Fleming, drunk and wearing only a towel, attempted to kiss and have sex with the victim, who fled the room and was helped by others. He was arrested and denied the allegations, claiming he was fully clothed. The victim, who declined a victim impact statement, was found to have bruises consistent with being held down. The court noted no predatory element but that Fleming had taken advantage of a drunken woman. He was sentenced to six years' imprisonment, with the final three years suspended, and ordered 18 months of post‑release supervision and probation service engagement. Bernard Fleming pleaded not guilty.
On 2 February 2016 a seven‑judge panel heard the DPP's appeal against the Court of Appeal's decision in DPP v Maher. The Court of Appeal had held that, following the 1937 Constitution and the 1935 Criminal Law Amendment Act, the maximum sentence for indecent assault against a male between 1981 and 1991 was two years, the same as for a female at that time. The DPP argued that the Supreme Court had misapplied DPP v SM, which had not limited the penalty for a male to two years but had only set a statutory maximum of ten years for a female. The Supreme Court, in its determination, agreed that the issue was of general public importance and allowed the appeal, recognising that the correct sentencing guidelines for indecent assault against a male between 1981 and 1991 should be based on the statutory maximum of ten years rather than the two‑year limit imposed by the Court of Appeal. The unnamed accused pleaded guilty and was convicted.
A 48‑year‑old Kilkenny man, whose identity is withheld to protect the 32‑year‑old victim, was convicted by a Central Criminal Court jury of 15 counts of rape and oral rape and one charge of sexual assault. The jury found that the man, who claimed a consensual relationship with his younger cousin, had sexually assaulted the 14‑year‑old when the victim was 16. He admitted to having sexual contact with the teenager roughly two or three times per week for over three years, including forced oral sex and repeated rapes. The victim reported that the man used cooking oil as lubricant, threatened to shoot him and his father, and punched him on the back of the head. The man was arrested in December 2009 after a complaint filed in March 2008. The case was adjourned for sentencing on 8 February 2016.".
Michael Murray, 44, formerly of Killiney, Dublin, is appealing an unsuccessful High Court action against the Irish Prison Service and the Minister for Justice regarding the recording of his privileged solicitor calls. Murray was found guilty by a unanimous jury in 2013 and sentenced to 15 years for rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill, false imprisonment, and theft. In the High Court, Mr Justice Seamus Noonan dismissed Murray's application for injunctions and damages, finding the recording inappropriate but inadvertent, with no evidence of access or prejudice. The Court of Appeal heard today that Murray is now legally represented and appealing that dismissal, with the hearing listed for March 1. Concurrently, the Director of Public Prosecutions is seeking a review of Murray's 15-year sentence as unduly lenient. Mr Justice Edwards adjourned both the appeal and the DPP's sentence review proceedings to March 4 to allow for progress indications. The matter remains at the appeal stage and has not been finalised.
The sentencing of a 72‑year‑old bus driver who sexually abused a 30‑year‑old special‑needs passenger is adjourned. The driver, who pleaded guilty to two counts of sexual assault on the bus, had previously denied ten other charges. The court postponed the sentence to allow a full medical diagnosis after the driver's GP expressed grave concerns about his health. The victim, who has cerebral palsy and functions at a six‑ or seven‑year‑old level, disclosed the abuse after receiving a birthday card from the driver. She reported that he touched her breasts and private parts while driving her home, and she struck him when he refused to stop. The court noted the victim's mother was present and that the case causes distress to the family. The judge will sentence the driver once the medical report is available.
A 71‑year‑old man was sentenced to six years in prison for indecent assault on his three sons, aged between six and 15, at various locations in Dublin, mainly the family home, between 1974 and 1986. The Dublin Circuit Criminal Court jury found him guilty of repeatedly abusing the children over a long period. Judge Catherine Murphy described the offences as particularly heinous, noting the father's lack of regret or remorse and the vulnerability of the victims. She back‑dated the sentence to account for time already spent in custody. The judge highlighted the courage of the three men in giving clear, convincing evidence and the profound suffering they endured. The case involved no prior sexual convictions for the accused, though he had other convictions. The prosecution, led by Garnet Orange SC, detailed how the abuse began when the children entered the father's bedroom looking for money, with the mother eventually moving the family away.
The High Court in Ireland has ordered the surrender of an unnamed man to the United Kingdom for extradition under a European Arrest Warrant. The man was arrested last year on the warrant, which was issued by British authorities. He faces charges of sexual assault by penetration, sexual assault and assault causing harm to a woman, alleged to have occurred at a house in Swindon, Wiltshire, during the night of December 20th and early morning of December 21st, 2013. If convicted, he could face a life sentence. Ms Justice Aileen Donnelly, hearing the case, found no valid objection to the extradition and made the order, which will take effect after fifteen days. The man, who was on bail, applied for continued bail until the order takes effect. He is a native of Ireland who had lived in England for twelve years at the time of the alleged offences.
Faisal Ellahi, who pleaded not guilty to rape, sexual assault, and having sex with a mentally impaired person, was convicted last December after luring a woman with Down Syndrome to his Dublin apartment. At today's sentencing hearing, Mr Justice Tony Hunt described the victim's life as "upended in the most radical way," noting that her family's efforts to build her independence were destroyed. Ellahi, originally from Pakistan, maintained his innocence and claimed he did not know the victim had Down syndrome. The judge identified Ellahi's false assertions of consent as an aggravating factor. Defense counsel Padraig Dwyer SC sought a psychiatric report regarding Ellahi's IQ and argued for a sentence within the median range of five to seven years. The judge stated that any prospect of a partially suspended sentence was contingent on Ellahi agreeing to be deported to Pakistan upon release. Ellahi expressed willingness to enter a bond to leave the country. Consequently, the matter was adjourned to February 2 to allow time for the requested psychiatric report to be prepared.
A 21-year-old man, convicted by a jury at Dublin Circuit Criminal Court of defilement, appeared for sentencing. The accused, who was 15 at the time of the offence, was found guilty of abusing a boy aged ten or eleven in his Dublin home between January and July 2011. He had denied the charge. Prosecuting counsel Lisa Dempsey BL presented evidence that the accused forced the victim to engage in sexual acts by threatening to set his dogs on him and preventing him from leaving. The victim made a complaint in July 2011. At the hearing, the accused submitted a letter to Judge Petria McDonnell, stating he felt suicidal and feared prison would exacerbate his mental state. He noted he had moved abroad after being charged due to community hostility. Defence counsel Bernard Condon SC argued the offence was at the lower end of the range, citing a lack of evidence of pain or injury, and suggested a suspended sentence would have been likely had the accused been a minor. A victim impact report was submitted but not read. Judge McDonnell reserved her decision, noting the victim had received relief through the conviction. The matter was adjourned to April 11th, a date agreed upon by the defence and consented to by the judge, despite the prosecution's preference for an earlier date due to the victim's exams.
During a sentencing hearing in the Central Criminal Court, the mother of a young woman with Down syndrome described how her daughter's independence—her job, travel and errands—was destroyed when Faisal Ellahi raped her. The mother, speaking via video link, recounted the victim's post‑rape symptoms: sleeping in her mother's bed, night terrors, seizures that later subsided but returned before the trial. She also read a victim impact statement expressing fear, confusion, anger and flashbacks, and lamented the loss of her daughter's future. Ellahi, 34, was convicted in December 2015 of rape, sexual assault and having sex with a mentally impaired person. He denied the charges, claiming ignorance of the victim's Down syndrome, and had no prior convictions in Ireland. The judge adjourned the case to consider mitigation and a possible partially suspended sentence contingent on deportation to Pakistan. The hearing focused on the impact of the crime, not on future outcomes.
The Central Criminal Court began the sentencing hearing for Faisal Ellahi, 34, who was convicted by a jury in December of rape and sexual assault of a woman with Down's syndrome. The jury had seen DVDs of the victim's interview, where she described being separated from her mother on the street and then taken to Ellahi's house, where the assault occurred. Ellahi pleaded not guilty to the charges. The court will consider an impact statement from the victim's mother while the victim watches via video link. The sentencing could impose up to life imprisonment.
An elderly man, aged 75, was sentenced by the Central Criminal Court to 12 years' imprisonment, with six years suspended, for attempting to rape and sexually assaulting his special‑needs niece between 2005 and 2011. The court heard that the victim, aged 11 to 14 at the time, was abused in various locations in County Cork and County Limerick, including a house, a car and a bedroom in the niece's grandparents' home. The man pleaded guilty, and his cooperation and early plea were cited as mitigating factors. Judge Tony Hunt suspended the final six years on the condition that the defendant keep the peace and have no contact with the victim for life. The victim's impact statement described ongoing fear and emotional distress caused by the abuse. The defendant had no prior convictions. The case was prosecuted by Martina Baxter BL and defended by Mary Rose Gearty SC.
A man from County Donegal has been found guilty of raping a 14-year-old girl during a youth disco in December 2010, when he was aged 15. The 20-year-old defendant, whose identity is protected to safeguard the victim's anonymity, was convicted at the Central Criminal Court following a jury trial. The jury unanimously found him guilty of rape and sexual assault at a nightclub in a Donegal town. During proceedings, Ms Justice Margaret Heneghan instructed the jury that a person under 15 cannot legally consent to sexual activity. The defendant had pleaded not guilty and his defence contended the encounter was consensual and escalated unintentionally. The victim gave evidence that the accused pushed her into a toilet cubicle without consent. The defendant has been remanded in custody pending sentencing in March, when the court will receive a victim impact report and a probation assessment.
A jury at the Central Criminal Court has begun deliberating in a rape trial involving two teenagers at a nightclub in County Donegal on 23 December 2010. The accused, now 20 years old, pleaded not guilty to rape and sexual assault of a 14-year-old girl. Justice Margaret Heneghan instructed the jury that a person under 15 cannot legally consent to sexual activity, regardless of apparent willingness. The complainant testified she was pushed into a toilet cubicle where the accused restrained her against a wall and raped her. She stated she did not consent and asked him to stop and release her. The defence suggested consensual contact that escalated, which the complainant denied. The accused told gardaí he had no recollection of being in the female toilet. The jury of seven men and five women commenced deliberations following the judge's charge.
A man from County Donegal has gone on trial at the Central Criminal Court charged with rape and sexual assault. He is accused of attacking a younger girl in a nightclub toilet in Donegal Town on December 23, 2010, when he was aged 15. The complainant was 14 at the time. The defendant, who is entitled to anonymity, has pleaded not guilty to both charges. During evidence, the woman testified that the accused pushed her into the female toilets and assaulted her in a cubicle without consent. She told the court she reported the matter to gardaí seven months later, and that her life was significantly affected afterwards, including leaving school and self-harm. The defence contested her account, suggesting the encounter was consensual and escalated beyond the pair's intentions. The accused told gardaí he had no recollection of being in the toilet. The trial, before Ms Justice Margaret Heneghan and a jury, continues.
Tony Walsh, a former priest known as the "Singing Priest," was sentenced to one year in prison for the sexual assault of a child in the early 1970s. At the time of the offence he was a seminarian. The assault, which occurred between 17 April 1973 and 9 September 1976, involved Walsh locking a girl aged between seven and ten into a room and forcing himself on her until he climaxed. After the assault he told her it was only a game. Walsh, aged 61, was convicted in December 2015 at the Dublin Circuit Criminal Court. He is currently serving a 16‑year sentence imposed in 2010 for the rape and abuse of three schoolboys. Judge Catherine Murphy imposed the one‑year sentence, suspended the final year on condition of good behaviour, and ordered it to run consecutively to the termination of his current sentence in October 2020. Tony Walsh pleaded not guilty.
A 72‑year‑old bus driver, whose identity is withheld to protect a 30‑year‑old victim with cerebral palsy, will be sentenced on 27 January for two counts of sexual assault on the bus. He had previously pleaded not guilty to ten counts of assault, including incidents at a private residence when the victim was 13. The prosecution, led by Roisin Lacey BL, presented evidence that the driver touched the victim's breasts and private parts while driving her home, and that she had complained after receiving a birthday card. The driver, who has prior road‑traffic convictions, denied the allegations but later pleaded guilty to the bus assaults. He is currently in a care home, dependent on a state pension, and has medical concerns that were highlighted by his GP. The judge noted his health prognosis as a significant factor before finalising the sentence.
A 51‑year‑old Wicklow man is to be sentenced next year for raping and sexually assaulting two boys hundreds of times and for making them commit incest with each other. He pleaded guilty at the Central Criminal Court to 165 counts of rape and sexual assault against one boy and 40 similar offences against his brother between 1993 and 2003. The victims described repeated molestation, including the use of a homemade "penis pump" and forced sexual acts. One victim said the abuse began when he was nine, with the man masturbating him and later raping him anally and orally. The other victim was abused from age seven, starting with masturbation and progressing to rape. Both boys reported severe psychological trauma, including anxiety, panic attacks, and a sense of living "hell on earth." The court has kept anonymity orders in place for the time being.
A 75‑year‑old Kerry man, Jimmy Flannery, was sentenced to ten years' imprisonment for raping his sister‑in‑law in the early 1970s. Flannery began molesting the child at age eleven and later raped her in a car near Conor Pass in Dingle and in his bedroom at Ballydavid on the Dingle peninsula. He denied ten counts of indecent assault at various locations in Dingle between April 1969 and April 1974 and pleaded not guilty to three counts of rape between January 1971 and April 1975. After a five‑day trial at the Central Criminal Court, a jury convicted him of all charges. The victim, who waived anonymity, described the lasting psychological harm and expressed gratitude that the truth had been heard. Justice Margaret Heneghan, noting Flannery's age and lack of prior convictions, imposed a ten‑year sentence, citing the rape offences as meriting a 13‑year term but reducing it for mitigating factors.
A 37‑year‑old Limerick man was sentenced to four and a half years' imprisonment for assaulting his former partner with a shovel until it broke. The victim suffered bruises and injuries to her eye, eyelid, cheeks, neck, head, ears, arms, legs and had hair torn from her scalp. The court found him guilty of assaulting her outside her house, dragging her into a waiting car and beating her with a shovel. He was acquitted of rape and false imprisonment, and the jury could not decide on two counts of rape. The judge noted the victim's vulnerability and the lack of remorse from the defendant, and reduced a potential six‑year sentence for false imprisonment to four and a half years. The case involved the defendant's prior 11 convictions, mainly for traffic and public order offences. The victim's drug addiction worsened after the attack, and she now lives outside Limerick. The defendant's defence acknowledged his bad behaviour on that occasion.
Faisal Ellahi, 34, was found guilty by a jury of raping a woman with Down syndrome after luring her to his Dublin home. The trial, lasting five weeks, included DVDs of the victim's interview, where she recounted being separated from her mother on the street and then taken by Ellahi to his house. He admitted to approaching many women but denied penetrative sex with the victim, claiming she appeared "normal" and that he was unaware of her mental impairment. The jury deliberated for two and a half hours and returned a verdict of rape and sexual assault. Judge Tony Hunt described the case as one of the most difficult he had handled, stating the victim's lack of consent was "absolutely ludicrous." The sentencing date was set for 18 January 2016, with the judge hoping for Ellahi's deportation after his sentence. The article does not report any subsequent legal developments. Faisal Ellahi pleaded not guilty.
Tony Walsh, a former priest and serial child abuser, was sentenced to a maximum of two years for the indecent assault of a girl aged between seven and ten in the early 1970s. The offence occurred while he was a seminarian and involved locking the child in a room, forcing himself on her, and assaulting her private parts. Walsh had previously been convicted in 2010 of raping and abusing three schoolboys, receiving a 16‑year sentence, and in 2013 an additional 18‑month term was added for further child‑abuse offences from 1979, later run concurrently with the 16‑year term. The court noted that the maximum penalty for the 1970s offence was two years, and Judge Catherine Murphy adjourned the case for sentencing next month. The victim, now 50, was a child who had been rewarded with sweets for helping nuns at a parish hall where the assault took place. Tony Walsh pleaded not guilty.
The jury has begun deliberations in the trial of a man accused of raping a woman with Down syndrome after luring her to his Dublin home on 12 June 2013. The accused pleaded not guilty to rape, sexual assault and having sex with a mentally impaired person. He admits some sexual contact but says it was consensual and that he was unaware of her mental impairment. Six men and six women spent about 20 minutes considering a verdict, then listened to a transcript of his cross‑examination before resuming tomorrow.
Thomas Mooney, aged 74, was sentenced by the Appeal Court to 14 months' imprisonment, with 11 months suspended, for indecently assaulting a boy between 1983 and 1985. The court found that the maximum sentence for indecent assault at the time was two years, not ten as previously thought. Mooney had pleaded not guilty at the Dublin Circuit Criminal Court, where he was found guilty after an eight‑day trial and originally sentenced to four years, two of which were suspended. He had been granted bail pending appeal. The judge noted that the victim was paid to visit Mooney's flat for sexual acts, which ceased when the victim entered an industrial school. Mooney had no prior convictions, was a bachelor with limited intellectual capacity, and his health was deteriorating, factors the court considered in reducing the custodial term. The appeal was heard by Mr Justice Alan Mahon, Mr Justice George Birmingham and Mr Justice Garrett Sheehan.
In the Central Criminal Court, jurors were instructed by Mr Justice Tony Hunt to set aside any feelings about the accused's Pakistani nationality or Islamic faith while deliberating a rape case involving a woman with Down syndrome. The 34‑year‑old accused, who pleaded not guilty to rape, sexual assault and having sex with a mentally impaired person, admitted some sexual contact but claimed it was consensual and that he was unaware of her disability. He stated he had never heard of Down syndrome until his arrest and explained that in his country people with mental disabilities were kept at home or in hospitals and wore name badges. Mr Justice Hunt emphasized that jurors must approach the case without prejudice or sympathy, focusing on the charge of rape and, if not proven, an alternative of attempted rape.
During a trial in the Central Criminal Court, a 34‑year‑old Pakistani man was accused of raping a woman with Down syndrome at his Dublin home on 12 June 2013. He pleaded not guilty to rape, sexual assault and having sex with a mentally impaired person. Defence psychologist Dr Rioghnach O'Leary testified that the accused ranks in the bottom three percent of the population in cognitive functioning, with an overall IQ of 73, and that he would have difficulty adapting to social norms. She described him as having an elevated sexual preoccupation and a singular focus on women as potential sexual partners. The accused admitted some sexual contact but claimed it was consensual and that he was unaware of the victim's Down syndrome. The trial is proceeding before Mr Justice Tony Hunt with a jury of twelve.
A 39‑year‑old man from the Ivory Coast was sentenced to six years in prison in Limerick for raping his former partner on 8 July 2013. He pleaded not guilty to rape and oral rape. The victim, aged in her 40s, described being terrified and believing she would die during the assault. The judge noted the accused had shown no remorse and that the victim had previously shown charity by helping him with food and cooking. The court heard that the man had moved into a new house, had a history of heavy drinking, and had threatened the victim with a knife and violence. After the assault the man claimed the sex was consensual, but witnesses confirmed the relationship had ended. The victim reported ongoing nightmares and lasting trauma. The judge imposed the six‑year sentence, taking into account the accused's foreign nationality. The man remains denied of the rape. The unnamed 39-year-old was convicted.
A 44‑year‑old man who was abused by his older brother faces a maximum two‑year prison sentence for each of the 56 counts of indecent assault committed between 1980 and 1985. The abuse began when the victim was nine and continued until he was fourteen, when he finally told his brother to stop. The brother, aged 53, was convicted earlier this year and is currently serving a nine‑year sentence for sexual abuse of his sister. The judge has adjourned sentencing to April to consider an appeal of the existing sentence and to obtain an updated medical report after the defendant suffered a stroke in custody. The victim gave a victim impact statement describing the abuse as a "nightmare" that left him with a 20‑year stammer and a sense of shame. The defendant denied all allegations and claimed the accusations were lies. The case is pending sentencing.