[Justice Paul Carney] ordered that the man be registered as a sex offender and that a victim impact report be prepared for the sentencing hearing on December 1st, next.
…The judge initially remanded the man in custody until that date but agreed to release him on bail after hearing there was no objection from the prosecution….
“The Rape Crisis Centre and the tabloids can go after the Director of Public Prosecutions and not me,” the judge commented…
Telling the court that it was their “first meeting”, Judge Hughes asked Power to explain his behaviour.
“I dunno. It was Paddy’s Day. I was mouldy,” he said.
In mitigation, Mr Cooney told how his client left school at 14, had been expelled from a FÁS course, was unable to read and write, and suffered from ADHD. “Ah sure half the population has that. That’s just something from the imagination of three pharmaceutical companies.“
Businessman Martin Quigley, now aged 48, of Ballygarron, Kilmuckridge, Co Wexford, dragged a teenager into a bedroom of a Killarney B&B and sexually assaulted her. He has been given a two-year suspended sentence at the Circuit Criminal Court in Tralee.
Quigley had spent the day drinking before the sexual assault.
Anne Lucey, in the Irish Examiner, reports:
The man had 12 previous convictions, including two for assault and one for burglary, but none for sexual assault, Judge [Carroll] Moran said. “The balance of his convictions appear to indicate he has a drink problem and he accepts this,” added the judge.
However, Judge Moran said the accused’s actions were “completely unacceptable” and had “a hugely traumatic effect” on the woman, adding she was entitled to be in the B&B without interference.
However, while there was a degree of violence involved, all of the touching was outside her clothes, he said.
Rudrumun Gopal (21), a student at the Royal College of Surgeons in Ireland (RCSI), twice attacked his girlfriend of four months, leaving her with bruises and marks “consistent with being punched, kicked, bitten and grabbed”
[Defence barrister Justin McQuade] “He was utterly infatuated with this young lady, he thought he had met the woman of his dreams…” He became “slightly controlling and his frustrations spilled out”.
The judge [Justice Hugh O’Donnell at Dublin District Court] ordered €5,000 to be contributed to both the Simon Community and Women’s Aid.
He struck the case out and said the money had to be paid by the end of the week.
Readers may be familiar with the recent decision of Judge Martin Nolan not to impose a custodial sentence on former civil servant Patrick Corcoran, 53, after he was caught with over 7,000 images and 21 videos of child pornography.
In October 2012 Judge Nolan allowed 29 year old Graham Griffiths, who committed a violent sex attack on a 17-year-old, to walk free from court, suspending his four year sentence in full on condition he pay his victim 15,000 Euros. Griffiths had told gardaí he felt he was ‘under some magnetic force’ and ‘it must have been the hormones’ that caused him to attack.
In December 2012 Judge Nolan fully suspended a three year sentence given to David Sharpe, a father of one, who went to a shop looking for help to transfer child pornography from one phone to another has avoided a jail term. The screensaver on his phone had an image of a child naked from the waist down as the background wallpaper. 44 images were recovered, 18 of which depicted children aged between eight and 14 years old engaged in penetrative sex, nine which showed children engaged in non-penetrative sexual activity and 17 which showed children in sexual poses. Judge Nolan said he was satisfied a prison term was not justified before he sentenced Sharpe to three years which he suspended in full on strict conditions including that he remain under probation supervision for 18 months. He accepted that Sharpe had not distributed, purchased nor shared the images and had therefore not supported the child pornographic industry.
In July 2012 Judge Nolan again refused to impose a custodial sentence on a convicted sex offender who viewed animated child porn – graphic depictions of sexual activity with speech bubbles that left no doubt they were of children. Judge Martin Nolan said if the material had involved real children or if O’Neill had paid for it, he would be imposing a “reasonably severe” sentence. He added: “This material, no matter how odious, did not harm or exploit children.”
However, some before Judge Nolan have not been as lucky:
In October 2012, Judge Nolan jailed Rhoda Salunoy, from the Philippines, for three years with the final 16 months suspended for theft of EUR 8,531 from her elderly employer. Ms Salunoy was a gambling addict.
In June 2012 Judge Nolan jailed 36-year-old Charity Ajayioba,a Nigerian prostitute working in three properties in Sligo for three years for running brothels. Ajayioba had claimed that she had been trafficked to Ireland and was forced to work here as a prostitute to pay back a debt. The judge accepted the facts of the case were unclear as to what position Ajayioba held, her level of control or the amount of profit she made in the running of the brothels, but she had been directing at least one prostitute and was keeping brothels.
In June 2012 Judge Nolan jailed Martin Forsyth, from Bray, for two and a half years. Forsyth had set up a bogus company to import valium so he could self-medicate to get off heroin, and had later advertised the valium online and subsequently supplied it to a ‘UK source. Judge Nolan took into account Forsyth’s early plea of guilty and cooperation with the gardai but said ‘ he must have known and appreciated what he was doing was wrong.’
In May 2012 Judge Nolan jailed a mother and member of the travelling community, Mary Connors for three years for EUR250,000 welfare fraud committed over the course of 14 years, saying he had to ‘send out a message’ to welfare fraudsters.
And, finally…in March 2012 Judge Nolan jailed Paul Begley, of Begley Brothers Limited for six years after he admitted labelling consignments of garlic as apples to avail of a lower tax rate. Mr Begley’s sentence was subsequently reduced to two years by the Court of Criminal Appeal.
Justice Patrick Durcan (top) and the insignia of the The Equestrian Order of the Holy Sepulchre of Jerusalem.
Vanla sighs via politics.ie writes:
In today’s Indo (link below) there’s an article on a young 20 year old woman, who going by the story is to say the least marginalised and troubled (drugs, drink etc).
This girl stole €40 from a nun of the Sisters of Mercy, yes, admittedly a not so nice thing to do. She then appears before one Judge Patrick Durcan at Ennis district court and despite a guilty plea is sentenced to 4 months in prison………for stealing €40.
…reportedly the judge said: “we had, in the past, in this country a society where we recognised the tremendous contribution in education, health and charity on the part of the Sisters of Mercy.”
…But that’s not all, I decided to do a little digging on this noble and fair judge, it turns out that Justice Durcan is a Knight of a Catholic Order called the The Equestrian Order of the Holy Sepulchre of Jerusalem , aka, The Order of the Holy Sepulchre (hit the link and scroll down, Durcan’s having his pic taken with the Apostolic Nuncio, capes and all).
….It has to be asked whether this judge should have excused himself from hearing that case, has his allegiance to a Catholic Order influenced his handing down of a 4 month sentence to a troubled girl for stealing €40 from a Catholic nun?
The Magdalene Laundries touched women all over Clare, changing hundreds of young lives forever. One such woman was Mary, who claims to have been cornered by a group of [Sisters of Mercy ]nuns in St Joseph’s Hospital in Ennis, stuffed into a car and brought away to a Magdalene Laundry.
The figures show that Dublin-based senior counsel, Dermot Flanagan, received €96,469 for representing the local authority [Clare County Council] at two An Bord Pleanala oral hearings last year.
The hearing into council plans to construct a new bridge crossing at Killaloe lasted 10 days, while a separate oral hearing into plans to construct a contentious pier at Doolin lasted one day.