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Sexual offences court reports

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2015-03-09 · Dublin

Rapist and child abductor claims State recorded his solicitors' telephone conversations

Michael Murray, 43, of Killiney Oaks, Dublin, was convicted in 2013 of rape, sexual assault, child abduction and other offences committed in February 2010. He was sentenced to 15 years' imprisonment by Mr Justice Patrick McCarthy. The Director of Public Prosecutions has appealed his sentence on grounds of undue leniency. During case‑management procedures in the Court of Appeal on 9 March 2015, Murray confirmed that no lawyers were acting for him and claimed that the State had recorded his solicitors' telephone conversations during his trial. He said the prison service admitted to accessing and recording those calls, a fact he believes will affect his conviction appeal. Murray has no objection to the DPP's undue‑leniency application and will not instruct a legal team on it, stating he considers it an abuse of process. The Court of Appeal has directed that the DPP's application proceed and that Murray's conviction appeal be postponed until the judicial review is resolved. Michael Murray pleaded not guilty.

2015-03-09 · Galway

Dublin man to be sentenced for repeated rape of his former partner's daughter

In March 2015, a Dublin man, Henry Crowe, aged 57, was sentenced for repeatedly raping his former partner's daughter, Majella Cahill, between 1988 and 1992. The victim, who was 11 to 15 years old during the offences, had previously pleaded guilty to five rape charges. Crowe pleaded guilty at the Central Criminal Court and was remanded in custody until his sentencing. Cahill's victim impact statement detailed a childhood marked by neglect, abuse by her grandfather, and ongoing sexual assault by Crowe, who began a relationship with her mother and raped her daily. She described severe emotional trauma, including depression, anxiety, and suicidal thoughts, and her efforts to seek counselling. Crowe had no prior convictions and expressed remorse, offering to apologise to Cahill for his crimes.

2015-03-09 · Wicklow

Trial of garda accused of forgery adjourned until Tuesday

The trial of Wicklow Detective Garda Catherine McGowan, aged 48, was adjourned for a day because a jury member fell ill. McGowan pleaded not guilty at Dublin Circuit Criminal Court to one count of forgery for an alleged forged letter from the Director of Public Prosecutions dated 14 January 2009, and to two counts of using a false instrument relating to a clerical abuse case in 2011. The case was prompted by the Murphy Report on clerical sexual abuse. The trial will resume tomorrow before Judge Mary Ellen Ring with a 12‑person jury.

2015-03-09 · Limerick

Man jailed for indecent assault in the 1970s gets 15 years for raping his niece

In 2015, Joseph Hogan, aged 61, was sentenced to 15 years in prison for raping his seven‑year‑old niece, Sonya Stokes, between 1984 and 1988. The Central Criminal Court convicted him of one count of attempted rape, three counts of rape and three counts of indecent assault. Hogan had previously been jailed in 1973 for six months for an indecent assault and had further convictions in 1974, 1995, 1998 and 2013 for related offences. The judge, Mr Justice Carney, found no mitigating factors such as remorse or good character and imposed concurrent sentences of 10 years for the attempted rape and eight years for the sexual assault counts, totaling 15 years. A victim impact statement described the lasting trauma inflicted on Stokes, who chose to waive her anonymity to speak publicly about the abuse. The sentence included 18 months of post‑release supervision. Joseph Hogan pleaded not guilty.

2015-03-06 · Dublin

Graham Dwyer trial hears of document describing rape of young woman

In the second day of Mr Graham Dwyer's murder trial, the jury was warned about graphic evidence. Mr Justice Tony Hunt cautioned them before a document titled "Jenny's First Rape" was read. The document, found on a hard drive seized from Dwyer's home, described a planned rape in Newcastle and included a video clip. Dwyer, 42, is charged with murdering 36‑year‑old childcare worker Elaine O'Hara on 22 August 2012. He pleaded not guilty. Detective Garda Brid Wallace testified that she found a folder with a five‑second video and a five‑page document, E.doc, created on 31 May 2005 by Dwyer's firm A&D Wejchert Architects. The prosecution read the document, which detailed the author's intent to rape a young woman, describing the use of a knife, chloroform and a hunting knife. The trial continues before a jury of five women and seven men. The article does not state any verdict or outcome.

2015-03-06 · Dublin

Former Russian Special Forces soldier avoids jail following sexual assault at Dublin airport

Liudas Vaisvilas, a 51-year-old Lithuanian former Russian Special Forces soldier, pleaded guilty at Dublin Circuit Criminal Court to sexual assault at Terminal 2 in Dublin Airport on April 10, 2014. Judge Patrick McCartan suspended a three-year sentence on the condition that Vaisvilas keeps the peace for that duration and obeys any instructions from Probation Services. The judge had previously remanded Vaisvilas in custody for a full psychiatric assessment, expressing concern that his mental state could lead to further offending. The assessment concluded he was in a temporary state of mind due to extreme tiredness and recent bereavements. Judge McCartan noted Vaisvilas is at low risk of reoffending and is remorseful. Vaisvilas has been in custody since the offence because he could not pay the €1,500 High Court bail. He was previously sentenced to a six-month suspended sentence for a second sexual assault at Eddie Rocket's Diner. Defending counsel Dominic McGinn SC stated Vaisvilas had not slept for five or six days, had consumed vodka, and was experiencing flashbacks to his military service. Vaisvilas has lived in Ireland for nine years and worked in Letterkenny.

2015-03-05 · Dublin

Document detailing the rape and killing of young American girl found on Graham Dwyer's hard drive, trial hears

During the 31st day of Graham Dwyer's murder trial, the court heard that a document titled *Killing Darci*, detailing the rape and killing of a young American woman, was found on Dwyer's hard drive. The file, saved as 4Darci.doc in a folder called DD within Sub, was created on 2 March 2011 and edited for 89 minutes. Dwyer, 42, is charged with murdering 36‑year‑old childcare worker Elaine O'Hara on 22 August 2012. The prosecution read excerpts from the first‑person document, which described fantasising about killing from adolescence, planning a murder, and describing the act in graphic detail. A witness, Darci Day, testified that she had met Dwyer on an adult website and had discussed ending her life with him. The trial also examined phone records linking Dwyer's work phone to the "Master" phone used on the day of O'Hara's death. The jury heard all evidence before the trial continues.

2015-03-04 · Wicklow

Lawyers for accused detective describe investigation as one "nobody seemed to know anything about"

In March 2015, lawyers for Wicklow Detective Garda Catherine McGowan, aged 48, described the investigation into her alleged forgery of a DPP letter as one "nobody seemed to know anything about." McGowan pleaded not guilty to one count of forgery and two counts of using a false instrument, relating to a January 2009 letter and incidents in June 2011. The case was prompted by the Murphy Report on clerical sexual abuse, which named a priest involved in McGowan's investigation. During cross‑examination, Detective Sergeant Eamonn O'Neill admitted he had assigned the case to McGowan in March 2007 and had brief interactions with her in July 2007, but claimed he had not followed up on the investigation. O'Neill denied recalling any request for an update. The prosecution presented a covering report dated October 2008, which O'Neill said he had never received. The trial is ongoing before Judge Mary Ellen Ring and a jury.

2015-03-03 · Dublin

Graham Dwyer discussed fantasies about killing Elaine O'Hara, US woman tells trial

In a Central Criminal Court hearing, 42‑year‑old Graham Dwyer, charged with the murder of 36‑year‑old childcare worker Elaine O'Hara, was examined by a US witness, Darci Day, who testified that Dwyer had confessed to fantasies of killing O'Hara if she wanted him to. Day, from Maine, said Dwyer had also described a fantasy of stabbing a woman to death during sex. She recounted that she had communicated with Dwyer via email and text, discussing violent and sexual fantasies, including rape and murder. Day also described her own history of depression, suicidal thoughts, and online interactions with Dwyer, noting that she had never met him in person. The trial, which had been proceeding for 29 days, was scheduled to resume with a jury of five women and seven men. The case remains at the trial stage, with no verdict yet announced.

2015-03-03 · Ireland

Appeal court rules wholly suspended sentence imposed on man who raped his wife's sister was too lenient

The Court of Appeal ruled that a wholly suspended seven‑year sentence imposed on a 53‑year‑old man for raping and indecently assaulting his wife's sister was unduly lenient. The man pleaded not guilty to two counts of rape and two counts of indecent assault committed between 1985 and 1986. A jury at the Central Criminal Court found him guilty on all counts and the trial judge, Mr Justice Garrett Sheehan, imposed the suspended sentence on 7 June 2013, citing the man's need to support his family, including two autistic sons who require 24‑hour care. The Court of Appeal dismissed the man's appeal against conviction and agreed with the Director of Public Prosecutions that the sentence was too lenient. The court noted that the man had been married to the complainant's elder sister, had two children, and that the offences occurred in the house's bedroom when the complainant was staying over.

2015-03-03 · Wicklow

Supervisor denies telling garda accused of forgery that she would be "looked after" if she "admitted wrongdoing"

In March 2015, the supervisor of Detective Garda Catherine McGowan denied telling her that she would be "looked after" if she admitted wrongdoing. McGowan, 48, pleaded not guilty to forgery and false instrument charges related to a letter allegedly from the Director of Public Prosecutions dated 14 January 2009. The case arose after the Murphy Report on clerical abuse. McGowan had investigated a priest mentioned in the report, and the letter in question was said to question a rape allegation. The supervisor, Detective Inspector Frank Keenaghan, was questioned about a claim that he offered McGowan protection if she confessed. He denied making such a statement, stating he had not used the phrase and had not initially accused McGowan of forgery. The trial, presided over by Judge Mary Ellen Ring, continues with a jury of twelve.

2015-03-02 · Limerick

Man jailed for indecent assault in the 1970s to be sentenced for raping his niece

A 61‑year‑old Limerick man, who was jailed in the early 1970s for indecent assault, will be sentenced next week for raping his seven‑year‑old niece between 1984 and 1988. He was convicted by a jury at the Central Criminal Court of one count of attempted rape, three counts of rape and three counts of indecent assault. He was remanded in custody for sentencing. The victim, whose name is withheld, said in a victim impact statement that her uncle had stolen her childhood, innocence, dignity and trust. The court heard that the man had previously been jailed for six months in 1973 for an indecent assault, and in 1974 was convicted in the UK for assaulting a girl under 14. He had further convictions for indecent assault in 1995 and 1998, and was jailed for 22 months in 2013 for breaches of the Sex Offenders Act.

2015-03-02 · Dublin

Ex-soldier who sexually assaulted young boy has jail term cut on appeal

John Patterson, 58, of Drimnagh, was convicted of 14 counts of sexual assault against a boy on Mourne Road between 2001 and 2003. A jury at the Dublin Circuit Criminal Court found him guilty and Judge Donagh McDonagh sentenced him to eight years' imprisonment and ordered him to pay €24,000 in compensation from his Army pension on 25 November 2010. On appeal, Justice Garrett Sheehan, sitting with Justices George Birmingham and Alan Mahon, upheld the eight‑year sentence and the compensation order but suspended the final 21 months of the term. The Court of Appeal had earlier suggested that Patterson might participate in the 'Building Better Lives' sex offenders programme, but his counsel noted that Patterson was ineligible because he had not pleaded guilty. John Patterson pleaded not guilty.

2015-02-27 · Dublin

Sex offender released from prison in 2010 ordered to have no interaction with children

A court has ordered a 63-year-old Dublin man, previously convicted of sexual assault, to have no interaction with children and not to loiter where children gather. The application was brought by gardai under section 16 of the 2001 Sex Offenders Act, which allows the court to prohibit the actions of a respondent if it is necessary to protect the public from serious harm. Judge Martin Nolan granted an exclusion order sought by the State, noting that the 2001 act was there to protect youngsters in the country from predators. In 2007, the man was sentenced to two years imprisonment for the sexual assault of a juvenile. He was convicted again in 2008 of another sexual assault and sentenced to two years with one suspended. In 2010, he was released from Dublin's Arbour Hill Prison, subject to a condition that he comply with the directions of the Probation Services for five years. The court heard that he previously scored high on a risk assessment test, which would have considered his alcohol abuse problems as a contributory risk factor. The order sought that the man be prohibited from having any interaction with any child and from loitering around areas where children usually congregate. Dean Kelly BL, defending, said that any order under the act must be proportional and argued that the prohibitions may be too vague and too broad. The judge refused to include an order that the man not consume any alcohol in a public place.

2015-02-26 · Wicklow

No evidence computers at detective's garda station were used to create allegedly forged DPP letter, trial hears

The trial of Detective Garda Catherine McGowan, aged 48 and based at Bray Garda Station, is hearing that computers at her station were not used to create a forged letter from the Director of Public Prosecutions. McGowan pleaded not guilty to one count of forgery and two counts of using a false instrument in 2009 and 2011. The alleged letter, dated 14 January 2009, claimed that a rape allegation was conjecture and could not form the basis of a prosecution. On day four, Detective John Finan of the Computer Crime Unit testified that searches of two hard drives for phrases from the letter yielded no results, and that traces would still be found if the original file had been deleted. Charles Nicholson, who handled filing in 2006, said a note referred to a letter that could not be located in the system.

2015-02-24 · Wicklow

File on case of alleged abuse victim not sent to DPP, forgery trial hears

During a forgery trial at Dublin Circuit Criminal Court, an alleged victim of clerical sexual abuse, a 44‑year‑old woman from Wicklow, testified that she was upset when she learned a file on her case had never been sent to the Director of Public Prosecutions (DPP). She recounted that in the 1980s she was abused by a local curate and that she had met Detective Garda Catherine McGowan in 2005 and again in 2007 to discuss the matter. McGowan had informed her that the DPP had received the file and would not prosecute. The victim said she was shocked, had a breakdown, and considered suicide. In 2011 a special task force discovered the file had not been forwarded to the DPP; it was finally sent in summer 2011, but the DPP directed no prosecution. The trial, presided over by Judge Mary Ellen Ring, continues with a jury of twelve. Catherine McGowan pleaded not guilty.

2015-02-24 · Ireland

Kerry pensioner found guilty of sexually assaulting his sister-in-law over 40 years ago

A 74‑year‑old Kerry pensioner was found guilty by a jury of eight counts of sexual assault of his sister‑in‑law, who is now 53. The convictions relate to indecent assault incidents that occurred between 1 January 1971 and 31 December 1974. The trial, held over four days at the Central Criminal Court before Ms Justice Margaret Heneghan, ended with the jury agreeing on eight of the eleven charges; the remaining three were not fully agreed upon. The accused was charged with 11 counts of indecent assault, but the jury convicted him on eight. The victim, who was 10 years old when the abuse began, reported the abuse to her family in 1986 and to the Gardaí in 2007. She described repeated assaults at the accused's home in Kerry, where she often stayed overnight with her sister and her sister's daughters.

2015-02-23 · Wicklow

Detective goes on trial accused of forging letter from DPP in relation to sex abuse investigation

In February 2015, Detective Garda Catherine McGowan, aged 48 and based at Bray Garda Station, faced trial on charges of forging a letter from the Director of Public Prosecutions (DPP) related to a priest's sexual abuse investigation. She pleaded not guilty to one count of forgery and two counts of using a false instrument, alleged to involve a letter dated 14 January 2009. Prosecutor Alex Owens argued that McGowan forged the document to mislead Gardaí reviewing her handling of the case, which was prompted by the Murphy Report on clerical abuse. Evidence included a copy of the purported DPP letter, claimed to state that prosecution was impossible due to conjecture in the victim's statement. The trial, set for two weeks, was before Judge Mary Ellen Ring and a jury of twelve.

2015-02-23 · Limerick

Man jailed for 15 years for sexual abuse of niece

A 48‑year‑old Clare resident was sentenced to 15 years' imprisonment at the Central Criminal Court for sexually abusing his Limerick niece from age six. He began raping her from age nine, forcing her to touch his private parts and perform oral rape while she stayed at his bedsit. The jury found him guilty of eight counts of rape and 17 counts of sexual assault between October 1998 and April 2003; he had pleaded not guilty to 32 counts of rape and assault between October 1998 and October 2004, with seven counts unresolved. The judge, Mr Justice Paul Carney, described the case as distressing, noting the abuse was filmed, the victim was drugged with alcohol, and pornographic material was shown. He imposed a 15‑year term with no suspension and ordered 18 months of post‑release supervision. The defendant had prior convictions dating from 1984 to 2012.

2015-02-18 · Kerry

Former council worker's conviction for sexual assault "safe", finds Court of Appeal

The Court of Appeal ruled that the conviction of a 61‑year‑old former Kerry County Council worker for sexually assaulting four girls was "safe" and dismissed his appeal. The man, who was jailed for eight years in 2012 after being found guilty of 29 counts of sexual assault between 2003 and 2008, had failed to sustain any grounds of appeal. The appeal was dismissed by Mr Justice John Edwards, who noted that the defendant had worked for a family business on weekends and was a partner of the victims' aunt. The court found that the defendant had repeatedly abused the girls, who ranged in age from 10 to 14, in various settings including the home and after school. The defendant was returned to prison to serve the remainder of his sentence. The unnamed 61-year-old pleaded not guilty.

2015-02-16 · Limerick

Man who sexually abused his niece from the age of six to be sentenced next week

A 48‑year‑old Clare resident, unnamed for legal reasons, abused his Limerick niece from age six, raping her from nine on a regular basis in his bedsit. The victim, now in her early 20s, testified that she begged her mother not to let her stay with him, yet her mother still allowed it every few weeks. The man forced the child to touch his private parts, perform explicit sexual acts, and even oral rape. In December a jury found him guilty of eight counts of rape and 17 counts of sexual assault between October 1998 and April 2003; he pleaded not guilty to 32 counts of rape and assault between October 1998 and October 2004, with seven counts undecided. He was remanded in custody for sentencing next Monday. The victim's impact report described how the abuse ruined her childhood, caused her to turn to alcohol, and left her fearful of visiting his flat.

2015-02-16 · Sligo

Trial of 74-year-old man charged with indecent assault to begin on Thursday

A 74‑year‑old Kerry man pleaded not guilty to eleven counts of indecent assault alleged to have occurred in County Kerry between January 1971 and December 1974. The Central Criminal Court will begin his trial on Thursday morning in Court Six before a different judge, with Mr Justice Paul Carney informing an eight‑man, four‑woman jury that the hearing will last three days.

2015-02-13 · Roscommon

Man whose neighbour allowed him to rape her five-year-old daughter has sentenced increased by six years

A man from Roscommon has been sentenced to fourteen years imprisonment following a Court of Appeal determination that his original eight-year sentence was manifestly inadequate. The accused had pleaded guilty to repeated counts of rape and sexual assault of a young neighbour between 2004 and 2008. The victim was five years old when the offences commenced and continued for approximately three and a half years until the child was taken into care by the Health Service Executive. President of the Court of Appeal Mr Justice Seán Ryan described the crimes as standing "on the most heinous level" of offending, involving depravity that amounted to torture. The Director of Public Prosecutions successfully applied for the sentence to be reviewed in December 2014. Mr Justice Ryan stated that whilst mitigating factors including the accused's late guilty plea and difficult background were considered, a much more severe sentence could have been imposed. The court imposed fourteen years on each of the fifteen rape counts to run concurrently, with no change to the sexual assault convictions.

2015-02-10 · Clare

Former hurling coach returned to jail over indecent assaults following successful DPP appeal

In February 2015 the Court of Appeal ordered the return of 71‑year‑old former hurling coach James Maher to prison after finding his original two‑year sentence for indecently assaulting two boys between 1982 and 1985 too lenient. Maher had pleaded guilty to 18 counts and received a concurrent two‑year term on each count in 2013. The Director of Public Prosecutions appealed, arguing the sentence was unduly light. The Court of Appeal agreed, increasing the sentence by one year and ruling that the maximum penalty for indecent assault on a male in the 1980s was two years, not ten as the DPP had suggested. The court noted that the 1981 legislative change had equalised the maximum penalty for males and females, and that a 2007 judgment had limited the penalty for males to that for females. The decision was delivered by Mr Justice Seán Ryan, with Mr Justice Garrett Sheehan and Mr Justice John Edwards.

2015-02-05 · Sligo

Man jailed for neglecting his children brings appeal against separate conviction for raping his daughter

In 2015 a 46‑year‑old man, who had been jailed for six years for neglecting his children, sought to appeal a separate 12‑year rape conviction. The conviction stemmed from a retrial in 2011 where he was found guilty of raping his then eight‑year‑old daughter. He had pleaded not guilty to the rape charge and to an indecent assault charge, the latter of which he was cleared. The appeal argued that the trial judge erred by refusing to direct the jury to acquit, rendering the verdict perverse. His barrister claimed the victim's evidence was "extraordinary, bizarre, contradictory, incredible" and that allowing it questioned the system. The Director of Public Prosecutions countered that the jury was best placed to assess credibility and that the judge had summarised all evidence, including inconsistencies. The Court of Appeal would reserve judgment until March.

2015-01-30 · Dublin

Former sports coach jailed for sexual abuse of teenage boys

Colin Goggin, 52, was sentenced to three years' imprisonment for sexually abusing two teenage boys and an additional two years for possession of child pornography, with all sentences running concurrently. He fled to Spain after the first victim came forward in 2007, remained there for five years, and was returned to Ireland on a European Arrest Warrant. Goggin failed to attend his trial, was remanded in custody, and later pleaded guilty to the offences. The judge noted that Goggin's role as an athletics coach gave him access to young victims. He had previously worked as a photographer and external sports coach at a south Dublin school. During a photo shoot at his home, he sexually assaulted one boy, and while training another, he attempted a forced act that the boy resisted. Gardaí found about 2,000 images of child pornography in his home, including material in the second most offensive category on a five‑point scale.

2015-01-27 · Cork

Rapist fails in bid to have his conviction declared perverse

In 2011, George Arundel, 27, was found guilty of attempted rape, sexual assault, rape and false imprisonment at Tinker's Field, Cork, and sentenced to ten years' imprisonment in 2012. He appealed to the Court of Appeal, arguing that the jury's verdict was perverse and that inconsistencies in the victim's testimony undermined the conviction. The Court of Appeal dismissed his appeal, stating that any inconsistencies were matters for the jury and that the evidence was substantially consistent. Arundel also appealed his sentence on the basis of mitigating circumstances, including his age and drug addiction, but the Court of Appeal upheld the original sentence, finding no error in the sentencing process. The appeal was dismissed, and Arundel remains in prison to serve the remainder of his term. George Arundel pleaded not guilty.

2015-01-26 · Sligo

Serial sex offender jailed for 10 years for molesting 14-year-old boy

John Prendiville, 49, was sentenced to ten years' imprisonment for sexually assaulting a 14‑year‑old boy in Kerry on 12 May 2012. The boy was in residential care at the time. Prendiville had 33 prior convictions, including five for sexual assault and four for failing to notify the Gardaí under the Sex Offender's Act. He had recently been released from Castlerea Prison after a six‑year term for sex assault. He took the teenager to his B&B, kissed him and performed oral sex. The court suspended the final two years of a twelve‑year sentence, requiring Prendiville to stay away from the victim and undergo 18 months of post‑release supervision. The boy, who was found drunk and reporting assault, was later moved to a new care centre for his safety. The case highlighted Prendiville's repeated breaches of the Sex Offender's Register. John Prendiville pleaded guilty.

2015-01-26 · Sligo

Rapist father has custodial portion of sentence tripled by appeal court

Patrick O'Brien, aged 74, was sentenced by the Court of Appeal to 12 years' imprisonment with a three‑year suspension, following a review of his original 12‑year custodial sentence that had been deemed too lenient. The appeal court confirmed the custodial term and adjusted the suspended period from nine to three years. O'Brien had pleaded guilty to 16 counts of rape and indecent assault of his daughter, Fiona Doyle, committed in the 1970s and 80s. The judge noted O'Brien's serious health problems and advanced age but ruled that these did not preclude imprisonment. The sentence was imposed on the same conditions as the original, with O'Brien required to post a €100 bond and remain in custody from the date of release. The court emphasised that the guilty plea was a mitigating factor in determining the final sentence. The decision was made by Mr Justice Seán Ryan, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon.

2015-01-21 · Dublin

Dublin man jailed for sexually abusing his former partner's six daughters must wait on appeal outcome

The Court of Appeal has reserved judgment on the appeal of a Dublin man who was convicted of sexually abusing his former partner's six daughters. He pleaded not guilty to 60 counts of sexual assault between 1995 and 2005, but a jury found him guilty on all counts and he was sentenced to seven years' imprisonment, with the final two years suspended by Judge Desmond Hogan on 29 November 2011. The appeal, heard today, is primarily a matter of law. The Director of Public Prosecutions has an undue‑leniency application that will be considered after the appeal. Senior counsel Giollaíosa Ó Lideadha argued that the trial judge erred in not giving a clear warning about the dangers of convicting on uncorroborated evidence, while counsel for the DPP maintained that the jury was properly advised about collusion and the need for corroboration. The Court will reserve judgment for a future date.

2015-01-20 · Galway

Latvian convicted of rape wins High Court challenge against his removal from the State

In a High Court ruling on 20 January 2015, Mr Justice Paul McDermott found that the exclusion order issued by the Minister for Justice to remove Latvian national Deniss Kovalenko from Ireland in June 2013 was fundamentally flawed. Kovalenko, aged 34, had been convicted in 2004 of raping an American student in Galway and sentenced to seven years' imprisonment, after which he was placed on the sex offenders register. He claimed that the Minister failed to provide fair procedures, denying him the opportunity to submit explanations or challenge the use of material from the Irish Prison Service regarding his conduct in custody. The judge also noted that a civil servant involved in the original decision had participated in the appeal process, further breaching fair procedures. Consequently, the exclusion order was quashed, allowing Kovalenko to remain in Ireland.

2015-01-19 · Waterford

Former priest and school principal who sexually abused pupil loses appeal against conviction

Con Desmond, a former priest and school principal aged 79, was convicted of 13 counts of indecent assault on a boy at St Stephen's De La Salle National School in Waterford between 1978 and June 1980. He pleaded not guilty but a jury found him guilty and Judge Donagh McDonagh sentenced him to two years' imprisonment on each count, to run concurrently, on 19 February 2013. Desmond appealed on grounds of delay and conflicting evidence, but the Court of Appeal rejected the appeal. The court noted the first incident occurred in January 1978 when the boy, aged eight, was wet from cycling to school and was taken to Desmond's office by Brother Aengus. Desmond sexually abused the boy then, and the victim reported similar abuse on subsequent Saturdays. The appeal was dismissed after the court considered the evidence, the delay, and the absence of Brother Aengus, who had died years earlier.

2015-01-19 · Sligo

Serial sex offender to be sentenced for sexual assault of 14-year-old boy

John Prendiville, 49, who has no fixed abode, will be sentenced next week for sexually assaulting a 14‑year‑old boy in a Kerry town in May 2012. Prendiville pleaded guilty at the Central Criminal Court. The court heard that the victim was in residential care at the time and was found drunk and slumped against a door after being reported missing. Prendiville had been released from Castlerea Prison after serving a six‑year term for a previous sex assault and had taken the teenager to his B&B where he performed oral sex. He admitted he knew the victim was underage and referred to him as a "kid" and a "young fella." The victim's impact report described lasting fear and mistrust, and his social worker noted he had been moved to a new care centre for safety. Prendiville's 33 prior convictions include five for sexual assault and four for failing to notify Gardaí under the Sex Offender's Act.

2015-01-19 · Cork

Seychelles native to be sentenced for attempted rape

Trevor Andre, a 27‑year‑old student from Pembroke Woods, Passage West, Co Cork, will be sentenced in March for attempting to rape and sexually assaulting a woman in Cork on 8 June 2013. He pleaded not guilty to rape, attempted rape and sexual assault. A jury of four women and eight men convicted him of the attempted rape and sexual assault charges but acquitted him of rape. Andre, a native of Seychelles, admitted to the assault after his arrest, claiming the victim may not have been fully awake and that her eyes were closed. The victim, in her twenties, reported severe post‑incident trauma, including nightmares, panic attacks and loss of trust. Mr Justice Tony Hunt adjourned the sentence to March and ordered an updated Probation Report. The case was prosecuted by Marjorie Farrelly SC and defended by Sean Gillane SC. The trial was held at the Central Criminal Court.

2015-01-19 · Sligo

Patrick O'Brien cannot be treated as a person for whom prison would be "impossible to tolerate", court finds

Patrick O'Brien, aged 75, was convicted of 16 counts of rape and indecent assault against his daughter Fiona Doyle between 1973 and 1982. The Central Criminal Court sentenced him to 12 years' imprisonment, suspending nine years, and granted bail pending appeal. The Court of Appeal later ruled the sentence unduly lenient, stating that ill or elderly defendants are not exempt from prison. O'Brien's health conditions—arthritis, heart disease, lung problems, and other ailments—were considered, but the court noted that prison care could match community care. The appeal will decide a new sentence while O'Brien remains in custody. The case highlights the court's stance that serious health issues do not preclude custodial punishment for severe offences. The unnamed 75-year-old pleaded guilty.

2015-01-16 · Ireland

80-year-old man jailed for indecently assaulting his two daughters

In a County Clare case, an 80‑year‑old man was sentenced to four and a half years' imprisonment for indecent assault on his two daughters during the early 1970s. The Central Criminal Court found him guilty of 12 counts of indecent assault after a week‑long trial. He had pleaded not guilty to 18 counts of assaulting a daughter in a house and later a caravan between January 1971 and December 1973, when she was aged 11 to 13. He also denied assaulting another daughter twice in 1980 at a caravan when she was 11 or 12. During the trial he admitted one offence, which the judge treated as a plea of guilty. The judge described the abuse of the older daughter as the most serious, involving a breach of trust and acts of "squalidity" such as forcing her to wash his penis and wear adult underwear. The unnamed 80-year-old was acquitted.

2015-01-15 · Clare

DPP appeals against two-year sentence imposed on Clare man convicted of indecent assault

James Maher, 71, of Clonroad Beg, Ennis, was convicted of 18 counts of indecent assault on two boys between 1982 and 1985. He pleaded guilty and was sentenced on 14 January 2013 to two years imprisonment on each count, with the sentences running concurrently, by Judge Carroll Moran at Ennis Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that Judge Moran was misinformed about the maximum penalty, which counsel said could have been up to ten years per count. The appeal contends that the concurrent sentences were incorrect and that the judge's sentencing scale was wrong. The Court of Appeal will decide on 10 February whether to increase Maher's sentence. The case highlights the legislative history of indecent assault penalties and the 2007 clarification that the maximum for a male victim cannot exceed that for a female victim. The appeal is pending.

2015-01-12 · Sligo

Westmeath man to be sentenced for false imprisonment and attempted rape

In a Central Criminal Court hearing, a 27‑year‑old Westmeath man pleaded guilty to four offences committed over two days in June 2014: attempted rape, aggravated sexual assault, threats to kill and false imprisonment of a woman. The prosecution, represented by Garett Baker BL, cited a psychological report recommending further assessment. Judge Paul Carney adjourned sentencing to 16 March.

2015-01-12 · Dublin

Eight years for rapist who told woman he was going to "take her up to the mountains and chop her up"

Robert Melia, aged 48, was sentenced to eight years in prison after pleading guilty to false imprisonment, assault causing harm and making threats to kill. The case stemmed from an incident on 19 May 2013 at the Caulfields Hotel, where Melia forced a drug‑addicted woman to jump from a first‑floor window, threatened to take her to the mountains and chop her up, and strangled her. He had previously been convicted of rape in 1987 and had three other violent sexual assault convictions in October 1997. Judge Martin Nolan imposed a ten‑year sentence, suspending the last three years on the condition of good behaviour for three years. The court noted Melia's pattern of extreme hostility and violence towards women. The victim suffered fractures, bruising and ongoing psychological trauma, but did not attend the hearing as she was in a drug treatment programme. The case was prosecuted by Ronan Kennedy BL.

2015-01-12 · Dublin

Dublin man jailed for nine years for sexually abusing his sister

A 52‑year‑old Dublin man was sentenced to nine years' imprisonment for repeatedly sexually abusing his seven‑year‑old sister over a period from 1983 to 1987. He pleaded not guilty to 16 counts of indecent assault at the family home. The victim, now 39, disclosed the abuse to her mother 13 years later and reported it to Gardaí in 2012. She described the abuse as occurring in the shared bedroom, involving oral sex and repeated attempts to have sex, with the brother offering sweets and money. The court noted the offender's repeated conduct, estimating it exceeded a couple of hundred times, and highlighted the seriousness of an adult assaulting a child. The judge imposed a nine‑year sentence, citing the offender's continued disregard for the victim's well‑being. The victim's impact statement detailed long‑term psychological harm, excessive drinking, painkiller use, self‑harm, and the desire for justice and healing. The unnamed 52-year-old was convicted.

2015-01-12 · Clare

Former national school principal refused bail pending appeal against indecent assault conviction

Patrick Barry, 80, former principal of Moyasta National School, was denied bail while appealing his conviction for indecent assault. Barry faced 67 charges for assaulting 11 pupils between 1964 and 1985. A jury found him guilty on 59 counts; he was acquitted on eight. Judge Gerald Keyes sentenced him to 11 years, suspending the last five. The Court of Appeal, led by Mr Justice Seán Ryan, declined bail, noting no new legal point was raised, but set an appeal hearing for February 23. Barry was ordered to be identified on the foot of victim requests, which the victims declined. Patrick Barry pleaded not guilty.

2014-12-23 · Sligo

Man who raped two mentally impaired brothers has sentence reduced by Court of Appeal

In a case heard by the Court of Appeal, a 25‑year‑old Connaught man who had pleaded guilty to two counts of buggery of mentally impaired brothers was given a reduced sentence. The original eight‑year term, with the final two years suspended, was set aside because the sentencing judge had not properly considered the offender's age at the time of the offences and his lack of relevant prior convictions. The Court of Appeal imposed a new six‑year sentence, with the final two years suspended, for each offence to run concurrently. The offender, who had been between 17 and 19 when the crimes occurred, was required to enter a €100 bond, keep the peace, be of good behaviour for two years and have no contact with the victims. The Court noted the offender's remorse and the early guilty plea as mitigating factors.

2014-12-19 · Wicklow

Former secondary school teacher who sexually abused boy loses appeal against sentence

Michael Byrne, a 77‑year‑old former secondary school teacher from Rosewell, Templerainey, Arklow, pleaded guilty to four counts of indecent assault on a boy aged 11 to 15 between 1975 and 1978. He was sentenced to eight years' imprisonment, with the final four years suspended, by Judge Michael O'Shea at Wicklow Circuit Criminal Court on 10 April 2014. The Court of Appeal rejected Byrne's application to review the sentence. The appeal panel, chaired by Mr Justice Seán Ryan, noted that Byrne's offences involved calculated grooming, repeated touching, groping, and the accused masturbating the boy, exploiting the boy's medical condition to obtain sperm samples. The judge described the conduct as cold, calculated, pre‑meditated and that of a predator. The Court of Appeal found no error in principle and upheld the eight‑year term, with the suspended portion remaining in place. Cormac Walsh, the victim, expressed delight at the decision. The case remains at the sentencing stage.

2014-12-19 · Cork

Dangerous rapist who breached bail conditions released from prison again

John English, 38, was released from prison after a Court of Appeal decision that the activation of his five‑year suspended sentence for breaching bail conditions was disproportionate. English had been sentenced in 2004 to 18 years for raping an Australian tourist, with five years suspended on the condition he abstain from alcohol. After serving 13 years, he was released in September 2012, but was found drinking and the suspended period was re‑activated by the Central Criminal Court. He appealed, and Judge Michael Peart, joined by Justices Garrett Sheehan and Alan Mahon, set aside the activation order. English was released on a new €100 bond, required to keep the peace, behave well for the remainder of the suspended period, and engage with probation and welfare services. The Court noted his prior convictions for sexual assault, false imprisonment and assault causing harm dating back to 1993.

2014-12-19 · Dublin

12-year sentence for sexual abuse of four girls

In a Dublin Circuit Criminal Court hearing, a 31‑year‑old man pleaded guilty to defilement of his partner's 14‑year‑old daughter and one of her friends, and to sexual assault and attempted sexual assault of two 13‑year‑old friends. The offences took place at the partner's house between 2006 and 2007. Judge Martin Nolan described the conduct as "deeply reprehensible" and imposed a total sentence of twelve years, with four and a half years suspended, and ordered two years of post‑release supervision. The court heard that the accused had sex with the 14‑year‑old on several occasions, had attempted to touch the vagina of a 13‑year‑old, and had sexually assaulted another 13‑year‑old while demanding sex. The accused was living with the partner and her daughter at the time of the offences. The victim impact statements described ongoing trauma and depression.

2014-12-19 · Dublin

Man who raped and sexually abused his sister-in-law jailed for ten years

A Dublin man, aged 62, was sentenced to ten years' imprisonment after a jury trial at the Central Criminal Court. He was convicted on 106 counts of indecent assault and sexual assault and one count of rape of his sister‑in‑law, covering offences from 1982 to 1992. He had pleaded not guilty to 172 charges and was acquitted of 65. The victim, whose identity is protected, described how the man groomed and manipulated her from age 12, treating the rape as a celebration and insisting he had finally achieved something. He had molested her for five years, forced himself on her during a rape, and covered her mouth to silence her screams. He also abused a seven‑year‑old child, taking explicit photographs and displaying them in her bedroom. The victim reported severe psychological trauma, nightmares, and ongoing fear of the photographs' whereabouts.

2014-12-18 · Dublin

Supreme Court halts woman's sex abuse claim against grandfather's estate

The Supreme Court has halted a woman's civil action for damages against her deceased paternal grandfather's estate over alleged sexual abuse, unanimously upholding the High Court's decision to stop the proceedings due to delay. The 29-year-old defendant alleged she was abused between the late 1980s and early 1990s. In 2009, Mr Justice Charleton halted the trial, finding that "inexcusable" delay prejudiced the defendant, who had denied the allegations. A key witness, the woman's grandmother, had died, preventing a fair hearing. The court noted that a 2003 complaint to An Garda Síochána was "disgracefully" not followed up after transfer to Dublin. A subsequent finding of negligent handling resulted in a garda officer being fined €150. Mr Justice Charleton stated the woman was "very badly let down" by the Garda. The woman appealed the High Court's decision. In the Supreme Court, Mr Justice Hardiman ruled the claim had "passed beyond the reach of fair litigation" due to the inordinate delay and the deaths of the defendant and the principal defence witness. He described proceeding as a "parody of justice." The Chief Justice and three other judges agreed with the judgment. The matter was adjourned in the sense that the appeal was dismissed, concluding the litigation against the estate.

2014-12-18 · Dublin

Man who sexually assaulted teenager at Dublin airport ordered to undergo full psychiatric assessment

Liudas Vaisvilas, 51, pleaded guilty at Dublin Circuit Criminal Court to sexual assault at Terminal 2 in Dublin Airport on April 10, 2014. The defendant, of Glenveagh Court, Letterkenny, Co Donegal, was remanded in custody for sentencing in February next, pending a full psychiatric assessment and an updated probation report. Judge Patrick McCartan expressed concern that Vaisvilas's mental state could lead to repeat offences. Vaisvilas was previously sentenced to six months' suspended imprisonment for a second sexual assault at Eddie Rocket's Diner on O'Connell Street, which occurred hours after the airport incident. He also has one other conviction for road traffic offences. Defence counsel Dominic McGinn SC stated that Vaisvilas had not slept for several days, had consumed vodka, and was experiencing flashbacks related to his past service in the Russian Special Forces in Siberia. The court heard that Vaisvilas has been in custody since the offence because he was unable to pay the €1,500 required under his High Court bail. Judge McCartan noted that Vaisvilas will receive full credit for the time spent in custody. The matter was adjourned to February for final sentencing.

2014-12-17 · Louth

Rapist has "very seriously inadequate" six-year sentence doubled

In December 2014 the Court of Appeal doubled a six‑year sentence that had been imposed on Christopher Farrell, a 30‑year‑old from Drogheda, for two rape offences committed on 16 September 2007. Farrell had pleaded not guilty but was convicted by a jury of rape, oral rape, attempted rape and false imprisonment of one woman and sexual assault of another. He had 26 prior convictions, including assault. The Director of Public Prosecutions appealed, arguing the sentence was "undue leniency" and that aggravating factors had been ignored. The Court of Appeal quashed the concurrent six‑year sentences and imposed a new 12‑year sentence for the two rape counts, describing the original sentence as "very seriously inadequate.".

2014-12-17 · Sligo

Sentence imposed on Patrick O'Brien for raping his daughter was too lenient, appeal court finds

Patrick O'Brien, aged 75, pleaded guilty to 16 rape and indecent assault charges committed between 1973 and 1982. The trial judge, Mr Justice Paul Carney, sentenced him to 12 years' imprisonment, suspended the final nine years, and granted him bail pending appeal. The Court of Appeal, led by Mr Justice Seán Ryan, found the sentence unduly lenient and ordered a review. The appeal was based on the argument that O'Brien's age alone should not mitigate his sentence and that there was insufficient evidence that his medical conditions made prison intolerable. The Court of Appeal will give reasons on 19 January and impose a new sentence on 26 January. O'Brien was present in court, assisted by a mobility aid, and his daughter Fiona Doyle attended with supporters.