The GAA Social The life & legacy of Sean Brown. Explained by his daughter Clare and 87-year-old wife Bridie.
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BreakingNews.ie
15 hours ago
- BreakingNews.ie
Restorative justice is 'not feasible' in rape case, says Probation Service
The Probation Service have advised the Central Criminal Court that restorative justice is 'not feasible' in the case of a man who raped a Spanish tourist six years ago because he does not accept full responsibility. Christopher O'Grady (33), formerly of Muirhevnamor, Dundalk, Co Louth, was found guilty of one count of raping the then 19-year-old woman on January 1st 2019, following a trial last March. He was homeless at the time. Advertisement In her victim impact statement which was read out by prosecution counsel, Tony McGillicuddy SC, at a previous hearing, the woman said: 'I don't know why, but I want to meet him in a safe space and look him in the eyes and ask him what reason would anyone have to be so cruel to a young woman.' '...I want to know if he believes his own lies. I want him to truly see me and be forced to see himself as monstrous as I saw him.' The sentence hearing was previously adjourned for the prosecution to look into restorative justice for the complainant, with the court hearing that it is rarely utilised for victims in rape cases before the Central Criminal Court. On Thursday, Mr McGillicuddy told the court that an updated probation report includes a recommendation that restorative justice is 'not feasible' at this time, due to O'Grady's position during an interview with a probation officer. Advertisement He told the court that the woman has been made aware of the report's contents and communicated to gardaí that she was 'relieved'. He added that the woman is 'satisfied that the court could take the next step forward'. Mr McGillicuddy asked the court to adjourn finalisation of this sentence as the woman had indicated she would like to be present. Ms Justice Caroline Biggs noted that the 'door is closed' to restorative justice, and this would not be considered aggravating or mitigating by the court when constructing the sentence. Advertisement She also noted the probation report states that O'Grady accepts the woman is traumatised and harm has been done to her but does not believe he is responsible. The judge added that the probation officer said O'Grady 'may be in early stages of contemplation regarding his offending'. She asked defence counsel Padraig Dwyer SC to clarify his client's position, noting the court was previously told O'Grady accepts the jury's verdict and is apologetic. After a brief consultation with his client, Mr Dwyer said O'Grady does accept the verdict that there was 'some wrongdoing on his behalf' in his interactions with the woman and is open to working with the Probation Service. Advertisement He asked the court to consider suspending part of any sentence imposed to encourage rehabilitation. Remanding O'Grady in continuing custody, Ms Justice Biggs adjourned the case to next Thursday, July 31st and said she would finalise the sentence then. In her victim impact statement, the woman outlined the effects the rape have had on her, saying O'Grady turned her life upside down. 'He didn't see the person behind the body,' she said. She described how she can no longer socialise or dance like she used to, is fearful of walking alone at night and is hypervigilant of other young women out at night. Advertisement Mr Dwyer, defending O'Grady, submitted at the earlier hearing that his client was guilty of rape on the basis that he was reckless as to whether the young woman was consenting or not. He said O'Grady now accepts his guilt and wished to apologise to the victim for the hurt and pain he caused her. After some consultation with both O'Grady and the complainant, the court was told that they are both willing to engage in restorative justice. Ms Justice Biggs warned O'Grady that this does not mean he will not be serving a custodial sentence for his offending. She noted that any restorative justice process would need to be managed by appropriate individuals, given the effects of the crime on the complainant. Mr McGillycuddy said he had some knowledge of restorative justice but was 'not aware of it being used for an offence of this nature'. 'I'm not sure how developed that system is or which agency would be appropriate to do it,' he said. The trial heard the woman had been in town to watch the New Year's Eve fireworks that night when she got separated from her friend and came into contact with O'Grady outside a shop. She told the court she was trying to find a bar to meet her friend and O'Grady walked her through town to a car park area where the alleged rape occurred. The woman said she felt 'like a doll' and didn't have any strength in her body during the alleged incident. Afterwards, the court has heard she walked with O'Grady back through the city centre for about 40 minutes, where she got talking to a couple – a man and woman - outside a shop and parted ways with O'Grady. The woman ended up in a B&B with the second man after the woman went home, where they had anal sex before the woman went home to her accommodation. She told the court it was painful and she persuaded the man to stop. The trial was played CCTV footage of this encounter, which occurred in the hallway of the B&B. Ms Justice Biggs warned the jury that they may find this footage 'intrusive' and 'distressing', but she said she had made the decision that it needed to be shown in court as O'Grady had a constitutional right to put the evidence before them. When the complainant woke up the next morning, she told the court she 'realised I had two rapes and there might be a medical issue with that'. She went to hospital. The court heard no charge was brought against the second man, who gave evidence in the trial. Sergeant Eoghan Kirwan told the court that O'Grady has 65 previous convictions, including public order offences, criminal damage, drugs and theft. He took a bench warrant while on bail for this offence and has been in custody since August 2024. Defence counsel said O'Grady was living a 'shambolic' lifestyle at the time of the offence, that he was homeless, begging on the streets and doing drugs. If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at or visit Rape Crisis Help.
BreakingNews.ie
16 hours ago
- BreakingNews.ie
Six more months in prison for Mountjoy inmate convicted of sex assault
A 63-year-old handed a three-year sentence for sexual assault earlier this week has been told they will spend a further six months in custody. Ronaldo Otto, who is transitioning to female and identifies as Samantha Otto, was before Dublin Circuit Criminal Court on Thursday for breaching the terms of a three-year suspended sentence imposed for throwing a cup of boiling water over the face of another casino customer over six years ago. Advertisement Judge Pauline Codd took into account that Otto, who has an address at Grosvenor Square, Rathmines, is being held in a men's prison and finds this distressing. Otto committed the sexual assault on the 18-year-old on October 26, 2022, while serving the suspended part of the sentence for the assault on the man in the casino. A jury found Otto guilty of the sexual assault of the male student following a trial in May. In the casino incident, Otto had pleaded guilty to assault causing harm on April 27, 2019 and received a suspended sentence a year and a half later. Detective Garda Pauline Collier told the court that the incident took place at the Empire Casino on Burgh Quay in Dublin. The injured party knew the defendant as Samantha from attending the casino. Advertisement They had an altercation that morning, and the defendant pushed him in his chair in front of a slot machine, calling him an asshole. The injured party walked out of the casino, calling Otto crazy. The man arrived back later, and Otto approached him and apologised for the behaviour. However, the defendant then went into the customer kitchen area, filled up a cup of boiling water and returned to where the man was seated. Otto pulled the man's head back and poured the boiling water on his face. Otto admitted the offence and received a three-year suspended sentence in October 2020. Advertisement Judge Codd noted today that the prosecution garda in the other case had said that the casino assault was to do with sexual rejection. However, Det Gda Collier explained that there had been sexual advances by Otto over text messages, but this had been months earlier, and the injured party had indicated that he was just interested in friendship. Pieter Le Vert BL, defending, pointed out that his client had been sentenced on Monday, and is being held in Mountjoy. 'You see today, she appears not as a female,' he said. 'That causes her considerable distress. She's always very careful about her appearance when she appears in court.' Advertisement He asked the judge to be as lenient as she possibly could in deciding whether to reactivate any or all of the three years originally suspended. Judge Codd noted that the sexual assault had occurred two years into the sentence for the casino assault, and said that Otto had acted in a sexually predatory manner to a young man waiting to go into college. 'I take into account he's biologically a male person, who identifies as female and has undergone certain steps towards transition, and that being in a male prison is difficult for someone in the accused's position,' she said. She reactivated six months of the sentence and suspended the balance for two and a half years. The judge directed that this sentence should run consecutive to the three-year sentence imposed on Monday for the sexual assault of the teenager. Advertisement 'The accused should undertake rehabilitation in respect of gender-based violence and sexual offending,' she said, noting that Otto was already on the Sex Offender's register. 'They should place themselves under probation supervision for two and a half years from the date of release, and undergo therapy,' she said. 'That's because there is some sort of nexus between both offences.' Mr Le Vert explained to his client that she now had to enter a bond for the suspended portion. 'Samantha, stand up,' he said. 'Do you Rolando Otto acknowledge yourself so bound?' asked the registrar. 'I do,' replied the accused, while rubbing away tears.
BreakingNews.ie
16 hours ago
- BreakingNews.ie
Two gang rapists argue issues of consent in conviction appeals
Two of three men jailed for the gang rape of a vulnerable teenager who had recently left State care have launched appeals against their convictions, arguing issues of consent were relevant during their trial. At the Court of Appeal on Thursday, counsel for Dion Genockey (26) argued that the trial judge should have advised the jury that the appellant may have had reasons for not mentioning to gardaí that he believed the victim had given her consent. Advertisement Counsel for Daryl Rooney (27), meanwhile, argued that the appellant was not aware that the woman had not given her consent. Genockey, of Clarion Quay Apartments, and Rooney, of Railway Street, Dublin City Centre, were convicted of raping the woman at Bull Island, Dollymount, Dublin, on January 5th, 2016, following a second trial at the Central Criminal Court in March 2022. The jury in the first trial, which was held in 2020, was unable to reach a verdict. Genockey was sentenced to nine years by Mr Justice David Keane while Rooney was sentenced to 10 years. Advertisement A third accused, Troy Ryan of Lower Gardiner Street, Dublin City Centre, was also convicted and sentenced to nine and a half years. The sentencing court heard none of the men accepted the verdict of the jury and maintained their innocence. Launching an appeal against conviction, counsel for Genockey, Thomas O'Malley SC said that his client had given evidence during the trial that there was consent on the part of the complainant, but he had not mentioned this in his interviews with gardaí. Mr O'Malley referenced section 19A of the Criminal Justice Act 1984, which states that if a person charged with an offence fails to mention any fact relied on in their defence, being a fact which in the circumstances called for an explanation when questioned, then the court may draw inferences from this failure, and the failure may be treated as capable of amounting to corroboration of evidence. Advertisement Mr O'Malley said that one factor to be considered is the circumstances the accused person finds themself in. He said that Genockey was advised by his father not to mention anything to gardaí, which in this case turned out to be his defence. Mr O'Malley went on to say that his client had a difficult relationship with one of the gardaí, who had allegedly called the appellant 'a rapist'. Given the appellant's age at the time and the fact he was under the influence of his father, these were factors to be taken into account when interpreting section 19A, said Mr O'Malley. Counsel submitted that the trial judge ought to have said to the jury that they had to consider the possibility that Genockey may have had reasons for not mentioning to gardaí that he believed the woman had consented. Advertisement Counsel for Rooney, Dominic McGinn SC said that for a rape conviction, the prosecution must prove the act, the absence of consent, and the fact that the accused person knows there is an absence of consent. In this case, said counsel, the third aspect was lacking. Mr McGinn said that the complainant said she was not interested in sexual activity, but when Rooney was alone with her in the car, she did not say anything. Ms Justice Isobel Kennedy said that while the defence was relying on an honest belief, this belief must be founded in reality. 'Where is the counter evidence? The evidence was all going the one way, as she said she did not consent,' said Ms Justice Kennedy. Advertisement Mr McGinn replied that the complainant had changed her mind about getting into the car with the men, which made Rooney 'alive to the fact she was a young woman who could change her mind'. 'By time he got into the car, he knew two others had had sexual relations with her,' said Mr McGinn. He said that in her evidence, the complainant said she made it clear to the first two men that she was not consenting, but Rooney was not aware of that. He said that by the time Rooney got into the car, he was handed a prophylactic by one of the others, while the woman did not say anything, so he was not aware that she was not consenting. On behalf of the State, Eilis Brennan SC pointed out that it was the prosecution case that this was a very vulnerable lady addicted to tablets, who was targeted by the men. They lured her away in a car, even though she told them she did not want to have sex, and took her to a remote location. She said it was the defence case that the complainant approached the men, that she had lubrication, that she wanted to stay in their house, and she consented to having sex. Ms Brennan said this was an issue to go to the jury. Concerning Rooney's claim that he did not know the woman had not consented, Ms Brennan said that an honest belief is subjective, but there must be some reality to it, so there was ample evidence for the matter to go to a jury. Concerning Mr O'Malley's submission on the section 19A matter, Ms Brennan said the trial judge was very careful on this issue. She said the jury was told to look into all the facts, including Genockey's age, the fact that he was with his father, and the fact that he hated one of the gardaí. She said the trial judge linked his failure to mention his defence to these facts, so the judge's direction to the jury was impeccable. Mr Justice Patrick McCarthy, presiding over the three-judge court, said the court would reserve judgement in the case. During the men's trial, evidence was heard that on the day in question, the young woman, who had recently left State care, travelled to Dublin to meet with friends. Later that evening, she purchased some Xanax pills and then went to an internet cafe. While there, she was approached by a boy and told that the three teenagers, who she had never met before, wanted to talk to her. The men told her they wanted to bring her for a 'quick spin'. The woman initially declined but eventually agreed and left the cafe with Ryan and Rooney to get into a car outside, which was driven by Genockey. The men drove out to Clontarf and down to the end of the wooden bridge at Dollymount Strand where they stopped by a shelter. Genockey then asked the woman: 'Are we going to have some fun?' The woman replied no, she didn't want to and had only wanted to go for a short drive, but the men were 'refusing to listen', the court heard. Genockey and Rooney got out of the car and stood in the shelter while Ryan produced a condom from a stash in the glove box of the car and proceeded to rape the woman. When he was finished, Genockey got in and put a condom on. Genockey tried to 'sweet talk' the woman, the court heard and said he wasn't going to hurt her, before he proceeded to rape her. Ireland Man (28) jailed after being caught with €300k wort... Read More Genockey then handed a condom to Rooney who raped the woman. At this stage, the woman 'didn't even get a chance to say no'. It was 'three against one' and she didn't have a choice, the court heard. The trial heard her door had a child lock on it and she could not get out of the car. The woman was told another person was going to pick her up and bring her home and the men left the scene quickly. Another car arrived containing three men and she was raped by two of the men in this car. She said that the men all got into the car afterwards, laughed and drove away, leaving her in the middle of nowhere. If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at or visit Rape Crisis Help.
