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Sexual offences court reports

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2020-02-25 · Cavan

Former solider has jail time cut for abusing girls

A former soldier from Ballyhaise, County Cavan, has had the final year of his 15-year prison sentence suspended by the Court of Appeal. Shane Costello, aged 50, was convicted of raping and sexually assaulting three young girls over a decade, including his stepdaughter, who was aged 13 to 14 at the time of the offences in 2012. He had denied the rape charges but pleaded guilty to sexually assaulting two other children between 2001 and 2013. The Court of Appeal, presided over by Ms Justice Isobel Kennedy, found the offending grave and noted Costello had abused his position of trust as a father figure. The court re-sentenced him to 14 years and six months imprisonment, with three years post-release supervision imposed. Costello is required to enter into a good behaviour bond for the suspended period.

2020-02-25 · Dublin

Girl tells creche worker's trial she was not making up allegations

In the Dublin Circuit Criminal Court, a 29‑year‑old childcare worker faced 23 counts of sexual assault against four girls aged five to eight between February 2015 and December 2016. The 11‑year‑old girl, the first to give evidence, denied that her allegations were fabricated. She testified that the accused touched her privates, sometimes under her clothes and sometimes over them, and pressed a buzzing mobile phone against her. The incidents reportedly occurred in the after‑school room's book corner, on a creche bus seat belt, a window sill, and a toilet cubicle. She said the worker also assaulted her best friend and another girl, and that he sometimes offered sweets before touching. The defence cross‑examined her via videolink, and she maintained she was not making the allegations up. The trial focused on the alleged assaults and the defendant's plea of not guilty.

2020-02-24 · Dublin

Rape complainant denies saying she'd have no problem 'doing three of them'

The trial at the Central Criminal Court heard that an 18‑year‑old woman was allegedly raped by three Dublin teenagers on 5 January 2016 at Dollymount Strand. The men, now in their early 20s, pleaded not guilty. The woman denied that she had said she would have no problem "doing three of them" and insisted she had said she did not want to have sex. She admitted taking cannabis and cocaine in the month before the incident but denied taking any other drugs on the day. She also denied saying she wanted to stay with the men after the alleged assault, stating she had planned to stay in a hostel or on the street. The case remains before Mr Justice Alexander Owens and a jury.

2020-02-24 · Ireland

Teenager repeatedly raped half-brother

A 19‑year‑old Clare man was sentenced to seven years' imprisonment, with the final two‑and‑a‑half years suspended on strict conditions, for repeatedly raping his half‑brother and attempting to rape his half‑sister between November 2014 and May 2015. The offences occurred while the younger siblings were visiting their mother and older brother at weekends. The man, who was 14 at the time of the abuse, pleaded guilty to six counts of orally raping his half‑brother, one count of anally raping the boy, and one count of attempting to anally rape the girl. He was found to have an unstable childhood, frequent moves, early drug use and eight prior convictions, including possession of a knife and traffic offences. The court noted the abuse was aggravated by its nature and the sustained period over which it occurred, and that the victim's age at the time was a major factor in sentencing.

2020-02-24 · Ireland

12 years for violent attacker who falsely imprisoned and raped ex

In a 2020 Central Criminal Court hearing, a 32‑year‑old man was sentenced to 12 years' imprisonment for a series of violent offences against his former partner and their three‑year‑old child. He pleaded guilty to assault, false imprisonment, threatening to kill and to burn the house, and to producing knives. A separate trial found him guilty of rape. The court described the incident as of "utmost seriousness" and noted the aggravating factors of the victim's status as the mother of his child and the continued harassment for six weeks after the assault. The judge highlighted the victim's testimony of enduring "horrific" false imprisonment and sexual assault, her ongoing trauma, and her fear of the offender's release. The sentencing reflected the severity of the violence and the victim's impact statement, with no mention of any mitigating factors beyond the offender's troubled childhood. The sentence was imposed by Mr Justice White.

2020-02-21 · Dublin

Alleged victim made previous complaint of gang rape

During the Central Criminal Court trial of three Dublin teenagers, the complainant, aged 18 at the time of the alleged offences, testified that she was gang‑raped by the men at Dollymount Strand on 5 January 2016. She said she was left alone in a remote area after the assaults. The court heard that she had called for an ambulance to see a mental‑health doctor and that she may have asked for tablets and expressed a desire to die. She admitted that she became uncooperative and aggressive when taken to the sexual‑assault treatment unit at the Rotunda Hospital, and that she was later restrained by Gardaí. She also confirmed that she had previously alleged a gang‑rape in Dublin city centre in 2015 but did not pursue the complaint because she was scared. The defendants pleaded not guilty. The trial is ongoing before Mr Justice Alexander Owens and a jury.

2020-02-21 · Dublin

Murderer's conviction for attack and rape of woman is upheld

Andrius Lipinskas, 41, was convicted of raping and violently assaulting a woman in her home in Dublin in August 2010. The conviction was based on DNA evidence from a partly‑smoked cigarette found in the house, which matched a sample taken from Lipinskas in Lithuania. He was extradited to Ireland, tried, and found guilty on all counts by a jury after three hours of deliberation. He received a 15‑year prison sentence, with the final two‑and‑a‑half years suspended. Lipinskas had previously served a 15‑year sentence in Lithuania for a 1995 murder. He appealed the conviction, arguing that the DNA sample and his recorded response were inadmissible, but the Court of Appeal dismissed the appeal, affirming the trial's fairness and the admissibility of the evidence. Andrius Lipinskas pleaded not guilty.

2020-02-20 · Dublin

Woman tells trial she was left 'in the middle of nowhere' after rape by three teenagers

In a Central Criminal Court hearing, an 18‑year‑old woman testified that she was raped by three Dublin teenagers aged 17 to 18 on 5 January 2016 at Bull Island, Dollymount. She said the men met her in an internet café, then drove her to Dollymount Strand where each man raped her in turn. She described being forced to lie in a car, having her trousers pulled down, and being penetrated by each man, one of whom she claimed was recording the act. She reported feeling horrified and disgusted, and that the men left her stranded in a remote area. The trial, presided over by Mr Justice Alexander Owens, continues with a jury that was empanelled earlier this month. The accused have pleaded not guilty. The case remains in progress.

2020-02-18 · Dublin

Man jailed for sexually abusing cousin over 40 years ago

A 62‑year‑old man was jailed for 18 months for indecent assault on his younger cousin between January 1978 and December 1980. He pleaded guilty to four charges and had no prior convictions. The victim, now 52, had first complained to Gardaí in December 2018 while visiting her family in Ireland. She had waited until the deaths of her mother and aunt before reporting the abuse, citing kindness to them. The court noted the unusual admission of guilt and the victim's extreme emotional suffering. Judge Melanie Greally imposed consecutive sentences totalling three years, then suspended the final 18 months, citing the man's guilty pleas, lack of convictions, remorse, age, time elapsed, employment and a psychological report. The case highlighted the long‑term impact on the victim, including alcohol difficulties and psychiatric help. The man remains a caretaker in the family home.

2020-02-18 · Carlow

Woman tells court of rape by 'wolf disguised as an uncle'

In a Central Criminal Court hearing in January 2020, a 70‑year‑old man was convicted of raping his niece in County Carlow in 1978. The victim, who was 16 at the time, described the perpetrator as a "wolf disguised as an uncle" and recounted being forced into her bedroom, raped while she pretended to be dead. She said the assault left her unable to sleep and caused her mother to "crumbled into dust" when she learned of the crime. The defendant pleaded not guilty, offered various motives for the alleged false claim, and was remanded in custody. He had no prior convictions. The case was adjourned to February 21 for sentencing. The court did not discuss any prior or subsequent legal actions.

2020-02-17 · Ireland

'You're going to pay for this': supporters of convicted rapists shout at victim in court

Two men from Leitrim have been sentenced to seven years imprisonment at the Central Criminal Court following their conviction for the rape of a woman who was intoxicated at a house party in 2017. A jury found the first man guilty of rape in November last year, while the second man was convicted of oral rape. The second man has indicated his intention to appeal. Ms Justice Eileen Creedon imposed the sentences this morning, noting that the victim was vulnerable due to intoxication and that the men had exploited this vulnerability. The judge observed that both defendants continue to deny the offences and have demonstrated no remorse or empathy for the harm caused. The final year of each eight-year sentence was suspended on condition of engagement with sexual offending assessments and treatment programmes. The men, who are in their early twenties and knew the complainant from school, cannot be identified to protect the victim's anonymity. During sentencing, supporters of the accused made hostile remarks towards the victim outside the courtroom. The unnamed woman pleaded not guilty.

2020-02-13 · Donegal

'I lost my childhood', victim abused by adopted father tells court

A 57-year-old man from County Donegal has been convicted of sexually assaulting a boy in his care between 2003 and 2004. The defendant, whose identity is protected to safeguard the victim, faced trial at the Central Criminal Court on seven counts of oral rape, to which he pleaded not guilty. A jury acquitted him of these charges but convicted him of the alternative lesser offence of sexual assault involving molestation of the child's genitals when the victim was aged between 13 and 15 years. Ms Justice Carmel Stewart imposed a two-year sentence, suspending the final six months on strict conditions. The victim, now in his twenties, delivered an impact statement describing how the abuse had destroyed his childhood and caused ongoing trauma. During sentencing, the court noted the defendant had offered to plead guilty to sexual assault prior to trial, an offer rejected by the Director of Public Prosecutions.

2020-02-12 · Dublin

"The way my character was twisted was disgusting": rape victim criticises trial process

In a Dublin hotel room on 21 November 2013, 46‑year‑old Hoi Ping Yung raped a woman after a night of heavy drinking with a male friend. The victim, who slept alone in a single bed while Yung and the friend occupied the double bed, awoke to find Yung rubbing her arm and leg, then later being raped when her body was pulled down. She reported the assault, and Gardaí arrested Yung, who was later deemed too intoxicated for an interview. Yung denied the rape, claiming any sex was consensual, and had no prior convictions. During the trial, the victim's impact statement criticised the court's language, alleging victim‑shaming and emotional distress. Justice Tara Burns allowed the statement, noting the system's difficulty for complainants, and adjourned sentencing to 6 March, remanding Yung in custody. The Central Criminal Court had returned a guilty verdict in December. Hoi Ping Yung pleaded not guilty.

2020-02-12 · Laois

Convicted man challenges inclusion on sex offender's register

John Keady, 45, who pleaded guilty to a sexual assault at the Heritage Hotel Killenard in December 2018, was sentenced to 10 months imprisonment, suspended in its entirety, and ordered to be placed on the sex‑offenders register for five years. He brought €5,000 to court as a token of remorse. Keady has now filed a High Court challenge, arguing that the notification requirements of the 2001 Sex Offenders Act do not apply because his sentence was wholly suspended and his victim was neither mentally impaired nor under 17. He claims the District Court lacked jurisdiction to order his inclusion on the register and seeks an order quashing that directive. The High Court granted permission ex‑parte, with the matter to be returned in April.

2020-02-10 · Ireland

Priest seeks to halt trial for sex abuse at fee-paying school

In February 2020 a High Court case was filed by an elderly former priest and teacher, aged in his eighties, who is charged with gross indecency and indecent assault against a male pupil at a private fee‑paying school in the mid‑1970s. He claims he cannot receive a fair trial because of age‑related dementia and cognitive impairment, which would prevent him from properly defending himself. The alleged abuse is said to have taken place after the complainant was called to the accused's office on three separate occasions. The priest was first complained to Gardai in late 2016, but was not required to attend a Garda station until April 2018. He has brought judicial review proceedings against the Director of Public Prosecutions, seeking orders and declarations, including an order preventing his trial from proceeding.

2020-02-10 · Dublin

Father who abused daughter and forced her to write retraction is jailed

In a Dublin Circuit Criminal Court hearing, a 56‑year‑old man was sentenced to eight and a half years for 55 counts of sexual assault of his daughter between 1995 and 2001. The victim, who first disclosed the abuse at age nine, was beaten and isolated in a bedroom for days, and later forced to write a letter withdrawing her allegations. She testified that the abuse continued regularly until she was 15, describing physical abuse, threats, and isolation. The judge, bound by the then‑maximum penalty of five years per offence, imposed four and a half years for the first fifty counts and a consecutive four‑year sentence for the final five counts, citing aggravating factors such as breach of trust, the victim's young age, and the lasting impact. The man denied all charges and was later registered as a sex offender. The court noted his cooperation and prison work as mitigating factors. The unnamed 15-year-old was convicted.

2020-02-06 · Dublin

Rape trial jury fail to reach verdict

The trial of a 26‑year‑old Dublin man accused of two counts of rape and one of sexual assault ended with a hung jury after nearly six hours of deliberation. The accused pleaded not guilty at the Central Criminal Court. The complainant, a woman in her 20s, testified that she and friends had been drinking in a city centre bar, that the accused had repeatedly asked her out and she had declined. She said she and a male friend went to the accused's home, brought drinks, and she slept in a bed. She woke to find the accused touching her buttocks and raping her. During cross‑examination, the accused claimed he was sleeping between the complainant and another man, felt the woman moving into his pelvis area, and believed the sex was consensual. The judge discharged the jury and adjourned the case for a new trial date on 24 February.

2020-02-04 · Ireland

Man jailed for raping sister-in-law over 35 years ago has conviction quashed

In 2018 a 60‑year‑old man was convicted of raping his 15‑year‑old sister‑in‑law at his home in the east of Ireland between October 1983 and July 1984. The prosecution alleged that he had shown pornographic magazines and photographs, pushed her onto the bed and raped her. The victim, who was too afraid to speak at the time, later disclosed the assault to her mother, siblings, a doctor and a family member at a charity event. After a statement to Gardaí, the man was found guilty by a Central Criminal Court jury and sentenced to nine years' imprisonment, with the final three‑and‑a‑half years suspended. In February 2020 the Court of Appeal quashed the conviction and ordered a retrial, finding that the trial judge's comments about the case having "a lot of detail" had improperly influenced the jury.

2020-02-04 · Ireland

Man imprisoned, raped ex and threatened to burn house down

In a Central Criminal Court hearing, a 32‑year‑old man was found guilty of falsely imprisoning, threatening to kill and burn the house of his ex‑partner and of assaulting her, including fracturing her jaw in May 2016. He pleaded guilty to assault, damaging her phone and producing a car‑jack handle, and to harassing her between 14 May and 30 June 2016. A separate jury verdict in December last year found him guilty of rape, a conviction he continues to deny. The court heard that on the day of the assault he had been drinking, locked all doors, threatened to burn the house, used a bread knife and a car‑jack handle to assault her, and then raped her while a three‑year‑old child slept nearby. He was sentenced on 24 February. The victim, who has not returned to work and suffers nightmares, said she no longer leaves her home unless necessary and fears his release.

2020-02-04 · Dublin

Woman who innocently received video is prosecuted for possession of child porn

In February 2018, 28‑year‑old Omo Delpin Omorouyi was prosecuted for possession of child pornography after she failed to delete a two‑minute video sent to her on WhatsApp. The video, which began innocently with a man and a toddler, was later revealed to depict the rape of a two‑year‑old child. Omorouyi claimed she did not know the content until she opened it and said she had deleted it, but a Garda investigation found the video still on her phone because the app automatically downloads media. She pleaded guilty and was given a suspended four‑month prison sentence by Judge Pauline Codd, who noted the lack of other convictions. The case highlighted the difficulty of deleting data from mobile devices and the impact on Omorouyi's future career prospects in child care. The adult in the video was identified as a man in Michigan, US, and has since been convicted.

2020-02-04 · Wicklow

Deviant serial killer John Shaw, Ireland's longest serving prisoner, to get temporary release

The Court of Appeal has been informed that the Minister for Justice has accepted a recommendation to grant temporary release to John Shaw, the State's longest serving prisoner. Shaw, aged 73, an English national, has been in custody for almost 44 years following his conviction at the Central Criminal Court on February 9, 1978, for offences including abduction, rape, torture and murder in Wicklow and Mayo. He will be entitled to two days escorted release annually. The court heard that a legal challenge to the Minister's earlier refusal of temporary release proceeded to full hearing in January despite the Minister having already reversed that decision. Mr Justice Patrick McCarthy expressed concern that the reversal was not communicated timeously to Shaw's legal representatives, resulting in proceedings that were effectively moot. The court noted the matter without imposing costs penalties. A 2016 risk assessment had identified Shaw as presenting high-level re-offending risk.

2020-02-03 · Tipperary

Farm labourer who brutally raped girl (6) has sentence more than doubled

In 2020 the Court of Appeal re‑sentenced 76‑year‑old Dan Flynn, a former farm labourer from County Tipperary, for the brutal rape of a six‑year‑old girl in 1979. Flynn, who was 36 at the time, had forced the child onto his bed, raped her, forced his penis into her mouth, spat on her face and stepped over her while she lay on the ground. He pleaded guilty at the Central Criminal Court, with the plea entered at the "11th hour" the Friday before his trial. The original sentence was six years' imprisonment, with the final four years suspended, imposed on 13 May 2019. The Court of Appeal found the sentence "unduly lenient" and, following an appeal by the Director of Public Prosecutions, imposed a new five‑year term, with the final four years suspended.

2020-02-03 · Ireland

Man "blacked out" and claims he does not recall raping family friend

In a case heard at the Central Criminal Court, a 28‑year‑old man pleaded guilty to raping a woman who had been a family friend and "like a sister" to him. The offence occurred on 30 October 2016 at the man's home in County Kerry while the woman was visiting with her family. She woke in a bedroom she shared with her children to find the man having sex with her from behind. The victim's impact statement described a loss of trust, nightmares, and a life changed by the assault, noting that her children were present during the rape. The court, hearing that the man had spent part of his childhood living with the victim's family, imposed a five‑year sentence, suspending the final year on conditions. The judge described the offence as heinous and highlighted the damage to both families.

2020-02-03 · Tipperary

Father who raped and abused special needs daughter gets 12 years

A 56‑year‑old Tipperary man was sentenced by a Central Criminal Court jury to 12 years' imprisonment for raping and sexually assaulting his special‑needs daughter. The court heard that he raped her twice in her bedroom when she was 22, after asking her whether she loved him or her mother more, and also sexually assaulted her on that same occasion. He had previously sexually assaulted her when she was 13 or 14, forcing her to perform oral sex while she slept in the same bed as a friend. He was convicted on five charges, including rape, oral rape and sexual assault, covering incidents between January 2003 and December 2004 and a separate incident in January 2011. He denied the charges. The judge registered him as a sex offender, suspended the final year of the sentence on strict conditions, and noted that he had not accepted the jury's verdict.

2020-02-03 · Ireland

Six-year jail sentence for sex offender who violently raped girl (15)

A 20‑year‑old man was sentenced to eight years in prison for violently raping a 15‑year‑old girl at his Co Meath home on 27 March 2018. The judge described the offence as a "violent rape" and noted the victim was "completely innocent" and not consenting. The sentence was reduced to six years with the final two years suspended, conditional on the offender completing the Better Lives programme while in custody. The court heard that the victim had been lured to the house with a friend, was isolated on the couch, and was forcibly raped, choked, and threatened with violence. The offender had 14 prior convictions, including sexual assault, assault causing harm, theft, and other offences. The victim's impact statement highlighted her fear, shame, and desire to move on, while her father expressed guilt and a sense of failure for not protecting her. The judge praised the victim's resilience and urged her to hold her head high. The unnamed 15-year-old pleaded guilty.

2020-01-31 · Dublin

Court "with some reluctance" grants rapist father more time to appeal

The Court of Appeal, with reluctance, granted a 51‑year‑old rapist father extra time to appeal his conviction for sexually abusing his teenage daughter. The man, whose identity is withheld, had denied 22 counts of sexual abuse, oral rape, child sexual exploitation and attempted rape committed between October 2009 and July 2011 when the girl was 13 to 15. A Central Criminal Court jury found him guilty and he was sentenced to 12 years' imprisonment, with the final six months suspended, on 14 January 2019. He filed an appeal outside the 28‑day period, claiming a misunderstanding about who would lodge the paperwork. Justice Isobel Kennedy, after hearing the case, allowed the extension, citing the victim's interests and the need to conclude criminal proceedings.

2020-01-31 · Dublin

Jail for Foxrock man who distributed child abuse video

Kevin Maguire, 29, of The Hedgerow, Foxrock, Dublin, was sentenced to 18 months' imprisonment for possessing over 4,300 images of child pornography and for distributing a video of a child being sexually abused. He sent an email with a seven‑minute video of an approximately 10‑year‑old girl being orally raped by an adult to two separate addresses. Maguire pleaded guilty to possession of child pornography at Castlefarm, Shankill, on 7 May 2015 and to distribution of child pornography at the same address between 2 August 2011 and 22 October 2011. Judge Melanie Greally noted the volume of material was "very substantial" and that it had been accumulated over a four‑year period. She imposed a two‑year custodial sentence, suspending the final six months on strict conditions.

2020-01-30 · Dublin

Rape accused sent Facebook messages to complainant

In a Central Criminal Court trial, a 26‑year‑old Dublin man pleaded not guilty to two counts of rape and one count of sexual assault. He denied raping a woman in April 2018, claiming he was "freaked out" and that the act was consensual. The complainant, aged in her 20s, testified that she and friends had gone to the defendant's home after a night out, where she was allegedly raped while sleeping. She said she had been unconscious and that her eyes were closed during the assault. The defendant testified that he felt the woman's pelvis moving, that they had "lazy foreplay" for about 30 minutes, and that full penetration lasted only about five seconds before another man awoke. He claimed he believed the sex was mutual and that he had apologized because he was "freaked out".

2020-01-30 · Dublin

Man convicted of rape is released on bail after investigation over alleged "new evidence"

Darren Thompson, 25, was convicted of rape in 2017 and sentenced to six years' imprisonment, with the final two years suspended. In January 2020 the Director of Public Prosecutions announced an investigation into alleged "new evidence" that could affect the outcome of the case. Thompson, who maintains his innocence, was released on bail pending the hearing of the application to present this evidence. The bail was granted by Mr Justice John Edwards, with a condition that Thompson appear again on 24 March. The case involved a woman in her 20s who claimed she had consensual sex with a man she met in a nightclub, but later alleged that Thompson and another man attempted to have sex with her while she was under the influence of drugs. No further details were disclosed in court. The Central Criminal Court noted that Thompson's family and girlfriend remain supportive. The application to present new evidence is scheduled for the Court of Appeal.

2020-01-28 · Ireland

Rapist returned to prison for committing burglaries after release

In 2011 Gerard Kane, aged 43, broke into a woman's home and raped her twice. He had been on bail for a separate burglary of a Fianna Fáil minister's office. In November 2012 he pleaded guilty to the rape and was sentenced to twelve years with three years suspended. Released in August 2018, he committed two burglaries in January 2019, for which he received a three‑and‑a‑half‑year sentence with the final year suspended. The court activated one year of the suspended portion of the 2012 sentence, crediting time already served, and ordered it to run consecutively with the 2019 sentence. Kane's defence cited mental health issues, homelessness, lack of support and self‑medication as factors contributing to his reoffending. The court noted the victim's severe trauma and the defendant's chaotic background. The case remains at the sentencing stage.

2020-01-24 · Dublin

Woman tells jury she "froze" during alleged rape

In a Central Criminal Court hearing, a 26‑year‑old Dublin man pleaded not guilty to two counts of rape and one count of sexual assault. The complainant, aged in her 20s, testified that she and friends, including the accused, were drinking in a city centre bar. After the accused had previously asked her out and she declined, they returned to his home. She claimed she fell asleep in a room with him and later awoke to find him touching her buttocks and then raping her. She said she did not move or speak because she was "frozen" in shock. During cross‑examination, the defense asked why she did not pull away or say stop; she replied she felt she could not move. She later described how she squeezed the accused's throat to stop him. The accused told Gardaí that the activity was consensual, a claim the witness denied.

2020-01-24 · Dublin

Child locked in room for disclosing abuse, sentencing court hears

In a Dublin Circuit Criminal Court hearing, a 56‑year‑old man was convicted of 55 counts of sexual assault against his daughter, who first disclosed the abuse at age nine. She was beaten and isolated in a bedroom for several days, denied access to the bathroom, and later forced by her father to withdraw her allegations. The abuse, which continued until she was 15, involved repeated touching of her breasts and genital area and forced sexual contact. She reported that her father called her a liar and punished her by isolation. The court heard her victim impact statement, describing the lasting psychological harm and her decision to speak out. Judge Karen O'Connor praised her courage and adjourned sentencing to February 10. The case highlighted the father's denial of charges and his subsequent registration as a sex offender.

2020-01-23 · Dublin

Jury deliberating in trial of man accused of abusing girl minded in home

The jury has begun deliberating in the trial of a 59‑year‑old man accused of sexually assaulting a four‑year‑old girl who was being mind‑ed by his wife in their family home. He pleaded not guilty to two charges of sexual assault for incidents between 27 July 2016 and 11 July 2017. The trial will continue tomorrow as the jury recommences deliberations.

2020-01-23 · Kildare

Unlawful restriction on media naming sex offender remains in force

The Court of Appeal ruled that an unlawful gag order preventing the media from naming a convicted sex offender remains in force. Mr Justice Brian Murray, in a lengthy judgment, rejected an appeal by several media firms against the order that barred identification of a 16‑year‑old who admitted sexual assault and attempted defilement of a 14‑year‑old girl in 2010. The offender and two co‑accused first appeared in the Children's Court in 2011 under reporting restrictions. In 2014, at the Dublin Circuit Criminal Court, the offender pleaded guilty and was sentenced to two years' imprisonment, a sentence fully suspended by Judge Mary Ellen Ring. The court noted that the victim had waived anonymity, but the gag order persisted. The High Court later found the July and October 2014 restrictions lawful but ruled there was no lawful basis for Judge Ring to continue them after 31 October 2014.

2020-01-22 · Dublin

Jury told sex assault case "is not a beauty contest"

In a Dublin Circuit Criminal Court trial, a 59‑year‑old man faced two charges of sexually assaulting a four‑year‑old girl between July 2016 and July 2017. The child had been cared for by the accused's wife and daughter since age one, and the accused's family had maintained a friendly relationship with the child's mother for years. Prosecutor Pauline Walley urged the jury that the case was not a "beauty contest" and that they should not base their decision on the accused's appearance. She highlighted that the child's statements about being assaulted were consistent with other evidence, including DNA found in the child's underwear, which the accused claimed was due to the child's hand in his mouth. A forensic scientist testified that saliva on the inside gusset would be unlikely in that scenario. Walley argued that a "cold, clinical" assessment would lead to a conviction for sexual assault involving rubbing and licking the child's vagina. The unnamed 59-year-old pleaded not guilty.

2020-01-21 · Dublin

Father appeals conviction for "evil campaign of rape and abuse" against daughters

A 54‑year‑old man was convicted of 75 offences against his three daughters, including 44 counts of sexual abuse, 37 rapes of his eldest daughter, an anal rape of that daughter, an oral rape of her younger sister, and a threat to kill his youngest daughters. The offences occurred between October 1994 and July 2012. He was sentenced to 17 years' imprisonment by Ms Justice Margaret Heneghan on 18 May 2015. The judge described the conduct as an "abhorred and evil campaign of rape and sexual abuse" and praised the victims for their courage. The eldest daughter testified that abuse began when she was nine, escalated to rape at eleven, and included an anal rape at fourteen. She ended the abuse after escaping to England at seventeen. The man has appealed the conviction on grounds that some alleged offences fell outside the indictment's time frame and that a cross‑examination was curtailed. The Court of Appeal has reserved judgment. The unnamed 54-year-old pleaded not guilty.

2020-01-21 · Ireland

Trial for alleged sexual assault of neighbour (6) to proceed

In a 2020 Court of Appeal decision, a 20‑year‑old charged with sexually assaulting a six‑year‑old neighbour in 2014 was allowed to proceed to trial after the High Court refused his request for a stay or injunction. The accused, whose identity is withheld, was charged 2½ years after the alleged offence and faces a Circuit Criminal Court trial next year. His lawyers argued that prosecutorial delay had prejudiced him, citing loss of anonymity, non‑application of children's sentencing principles and a mandatory sentencing report. The High Court acknowledged the delay but denied relief. The Court of Appeal, presided over by Mr Justice George Birmingham, described the delay as "quite unacceptable" and noted that the Garda Youth Division had sent eight reminders between late 2015 and early 2016, yet the skeleton file was not received until summer 2016.

2020-01-21 · Ireland

Abuse accused fails in last ditch bid to halt trial

A man in his 60s, charged with 105 counts of sexual abuse of a younger relative aged 7 to 18 between 1971 and 1982, lost a last‑ditch attempt to halt his pending prosecution on the basis of delay. The High Court refused an injunction that would have barred the Director of Public Prosecutions from proceeding, and the Court of Appeal upheld that decision. The judge noted the delay of 36 to 47 years was not exceptional and that the accused, now 64, was capable of remembering relevant details. He had no particular vulnerability or severe illness, though he had experienced stress from the accusations. The court found no real risk of an unfair trial and rejected the claim that the delay warranted a stay of proceedings. The case was dismissed on the grounds that the delay could be addressed at trial rather than through judicial review.

2020-01-21 · Dublin

Rape trial ends after death of accused

The trial of a 29‑year‑old man accused of raping a woman he met at Copper Face Jacks nightclub ended after his death. He had pleaded not guilty to raping and sexually assaulting a woman at his Dublin home on 23 December 2016. On the sixth day of the trial, Mr Justice Alex Owens informed the jury that the defendant had not appeared in court the previous day and that enquiries had been made. He announced the accused was deceased and that the jury need not continue or reach a verdict. The complainant, a woman in her 20s, testified that after leaving the nightclub she and the accused went to his home, where they began consensual sex that turned violent. She described being choked, forced to continue, spitting on her, and being kicked. She reported the incident to Gardaí on 29 December 2016, and the accused denied the offences during police interview. The identities of the parties remain undisclosed.

2020-01-20 · Roscommon

"After all these years of being told to keep my mouth shut, the truth is finally coming out": victim commended for reporting historic rape and abuse

In a Central Criminal Court hearing, Mr Justice Michael White praised the courage of Elizabeth Williams, who reported sexual abuse by her second cousin John Moran, a 66‑year‑old former resident of Cannakill, Croghan, Co Offaly. Williams, aged 5 to 11 when abused, said the incidents were frequent and normalised in her childhood, and that no action was taken by family or authorities until after her father's death. She had been denied medical care, faced family hostility, and considered suicide. Moran, who was 14 to 21 at the time of the offences, pleaded guilty to one count of rape and seven counts of indecent assault. The judge imposed an eight‑year sentence with the final two years suspended, citing mitigating factors such as his ill health and lack of prior convictions, and aggravating factors including the prolonged nature of the abuse and the victim's innocence.

2020-01-20 · Dublin

Man who sexually assaulted friend at 16 will not face more time in custody

A 22‑year‑old Dubliner who sexually assaulted a female friend when both were 16 will not receive an additional prison sentence. He had already spent nine months in custody after failing to appear before the Children's Court in 2018. The judge, Mr Justice Michael White, said no further custodial term would be imposed beyond the nine months already served. The case was adjourned to February 3 to structure a sentence that would include supervision orders. The assault occurred on 1 August 2014 at a Dublin address while the victim was asleep after a drinks party. She reported that her jeans had been pulled down and the boy had penetrated her with his finger. She later described depression, anxiety and panic attacks as a result of the incident. The defendant pleaded guilty to one count of sexual assault and expressed remorse.

2020-01-17 · Leitrim

Woman raped by two men says attacks ruined her life

A woman has described how she was raped by two men after losing consciousness at a house party in County Leitrim in 2017. Following an eleven-day trial at the Central Criminal Court last November, a jury convicted the first man of rape and the second of oral rape. Both men, now in their early twenties and known to the complainant from school, deny the offences and do not accept the verdicts. In a victim impact statement, the woman said the attacks have caused her severe psychological harm, describing her life as "a struggle" and stating the trauma will affect her permanently. The first man's defence counsel highlighted his previously unblemished character and submitted references from community members. The second man's counsel indicated an intention to appeal, noting his client maintains his innocence. The Director of Public Prosecutions entered a nolle prosequi on the rape charge against the second accused. Ms Justice Eileen Creedon adjourned sentencing to 17 February for consideration of the evidence. The unnamed woman pleaded not guilty.

2020-01-17 · Dublin

Boy B gets date to appeal conviction for murdering Ana Kriegel

Boy B, a 15‑year‑old, will appeal his murder conviction on 24 April. He was found guilty of killing 14‑year‑old Ana Kriégel in May 2018, when he was 13. The Central Criminal Court, applying children's court procedures, sentenced him to 15 years' detention, reviewable after eight years. Boy B's appeal concerns only the conviction, not the sentence. The Court of Appeal set an early hearing date; counsel expects the hearing to last a day. Boy B is currently detained at Oberstown Children Detention Campus, with a possible release in June 2027. The case attracted significant media interest, leading the trial judge to restrict coverage. No appeal has been lodged on Boy A's behalf, who was also convicted of murder and aggravated sexual assault and sentenced to life imprisonment with a review after 12 years and eight years for the assault. The court will consider the boys' conduct in custody when reviewing their sentences.

2020-01-15 · Dublin

Man caught with thousands of child abuse images distributed video years earlier

Kevin Maguire, 29, was found to have distributed a video of child pornography via email years earlier. He sent an attachment depicting an approximately 10‑year‑old girl being orally raped by an adult man to two separate email addresses. Maguire pleaded guilty at Dublin Circuit Criminal Court to possession of child pornography at Castlefarm, Shankill, on 7 May 2015 and to distribution of child pornography at the same address on an unknown date between 2 August 2011 and 22 October 2011. Gardaí traced the IP address of a Hotmail account linked to a Russian website and searched Maguire's home in May 2015. Two laptops were seized; the first contained 1,070 images and 55 videos, the second 3,310 images and 65 videos, all depicting boys and girls from infants to under‑17s being sexually abused with exposed genitals. An email from the second laptop carried the seven‑minute video.

2020-01-15 · Dublin

Six years for repeated, "grossly reprehensible" abuse of grandaughter

A 71‑year‑old retired Dublin council worker was sentenced to six years' imprisonment for repeatedly sexually abusing his granddaughter. The abuse began when she was about nine and continued for four years, with the perpetrator bringing her to his bedroom to play cards before molesting her. When she tried to escape, he threatened her, forced her to strip, pinned her down, and in one incident threw her across the bed, causing her to hit her head on the headboard. He then assaulted her again. The attacks occurred roughly once a week, with Judge Martin Nolan estimating more than 150 incidents. The abuse ceased after the victim's aunt discovered him with her. The man pleaded guilty to four counts of sexual assault covering June 2010 to May 2014, part of a total of 48 charges. Judge Nolan refused to suspend any portion of the sentence, citing a severe breach of trust and the victim's trauma.

2020-01-15 · Wicklow

Suspended sentence for abuse of boy after Christian youth trip

A retired salesman, Gordon Black, aged 70, received a suspended two‑year prison sentence for indecent assault of a boy while both were members of the Boys Brigade in the 1960s. Black was between 16 and 20 when he molested a victim aged 12 to 16. He pleaded guilty to three counts of indecent assault between 1965 and 1969. The judge noted Black's remorse, lack of prior convictions and the absence of a prison sentence, but suspended the term on the condition that he keep the peace. The court heard that one assault occurred after a youth group trip, when Black drove the boy home, forced him into the back seat, and attempted to have him kiss his penis. The victim, now 66, still feels anger and distress when recalling the abuse. Black admitted that he had been abused as a child by three different people.

2020-01-14 · Wicklow

Ireland's longest serving prisoner seeks temporary release

John Shaw, aged 73 and Ireland's longest-serving prisoner, brought an appeal before the Court of Appeal challenging the Minister for Justice's refusal to grant him two days of temporary release annually. Shaw has been in custody since September 1976 following his conviction at the Central Criminal Court in February 1978 for offences including abduction, rape, torture and murder. The Parole Board had recommended limited escorted outings, a recommendation the Minister declined without providing written reasons. Shaw's counsel argued the Minister's discretion was exercised arbitrarily and that Shaw had no clarity on what might satisfy the Minister's requirements. The Director of Public Prosecutions' representative contended the refusal was grounded in a dynamic risk assessment determining Shaw posed a high risk of reoffending. The three-judge panel reserved judgement. Shaw was not present during the hearing at the Court of Appeal.

2019-12-17 · Dublin

"Danger to society" appeals conviction for raping pregnant partner

A 55‑year‑old Dublin man, who cannot be named for legal reasons, has appealed his conviction for raping his heavily‑pregnant girlfriend. He was found guilty by a Central Criminal Court jury of three counts of sexual assault in November 2014 and two counts of rape in December 2014, just before the victim was due to give birth to their second child. He denied all charges during both trials. Ms Justice Deirdre Murphy described his actions as "sneaky, underhand and clandestine" and noted the victim's humiliation when videos of the assault were shown in court. Mr Justice Paul Butler imposed a concurrent sentence of 10 years' imprisonment with the final two years suspended. The appeal was lodged on grounds that the trial judge erred in instructing the jury about corroboration and consistency of the complainant's account, and that adverse publicity and procedural issues may have affected the trial. The Court of Appeal reserved its judgment.

2019-12-17 · Dublin

"A murder most disturbing": the sentencing of Boy A & Boy B in full

In a Central Criminal Court hearing, Mr Justice Paul McDermott sentenced two 15‑year‑old boys to life with a review after 12 years and 15 years with a review after eight years, respectively, for the murder and sexual assault of 14‑year‑old Ana Kriegel. The boys will be detained in a young offenders centre until 18, then transferred to an adult prison. The judge noted the boys' ages as a mitigating factor, but emphasised their responsibility for Ana's death. He described the crime as calculated, violent and shocking, and highlighted the boys' lack of remorse and the severity of the assault. The sentences were back‑dated to the June convictions, and the judge ordered reports for the review periods. The hearing included statements from Ana's parents and Garda officials, who praised the investigation and expressed gratitude for the justice delivered.

2019-12-16 · Dublin

Algerian jailed for raping unconscious man

Brahim Maddi, 36, a homeless Algerian national, pleaded guilty to sexual assault and oral rape of a drunk, unconscious man in Dublin in 2019. CCTV showed the victim lying face‑down, motionless, while Maddi repeatedly approached, stole €5, rubbed the victim's buttocks, masturbated, and on a fourth visit orally raped the victim. Gardaí arrested Maddi near the scene; the victim was later hospitalized. Mr Justice Michael White sentenced Maddi to seven years' imprisonment, reduced to four years after considering his guilty plea, admissions, and remorse. Maddi's history of schizophrenia and his status as a vulnerable man were noted. The victim's impact statement, read by his father, described suicidal thoughts and guilt following the assault. The court ordered limited media reporting of the incident's location and date.