A judge has refused to lift an order she imposed preventing the media from identifying a public servant charged with falsely imprisoning and sexually assaulting a woman at his workplace last year.
Via RTE News:
The Director of Public Prosecutions agreed that there was no legal basis for the imposition of reporting restrictions.
The judge Treasa Kelly, however, said this afternoon that she “had some bit of a look” at the case and the legislation during lunchtime, but said she was “not satisfied it is quite as straightforward“.
Judge Kelly said defence solicitor Martin Moran had asked for time to “give him a chance to put in submissions on behalf of his client” and she said she was going to give him time.
However, the book of evidence was also served on the accused, so the case has now been sent forward to the higher Dublin Circuit Criminal Court for trial.
Judge Kelly said that this meant that she will no longer have any involvement in the case and the “obvious thing” is that “the circuit court deal with it“.
She said she had a look at the matter “over lunch“ but she had not given it “a huge look” and “haven’t resolved the issue in my head“.
Judge Kelly also said she was “not in a position to make a decision” on the reporting restrictions she had imposed and it was up to the media “to take the matter elsewhere“.
The case has now been sent forward to the Dublin Circuit Criminal Court.
“He had been drinking, excessively, prior to arriving at the apartment. [Hanahoe] suffers from blackouts after excessive drinking and does not remember anything that occurred when he got home,” his lawyer wrote in court papers last year.
The lawyer added that Hanahoe suffered six concussions when he played rugby in Ireland, which would be a part of his “intoxication blackout defence.”
Hanahoe faced 25 years behind bars, but he pleaded guilty last month to the lesser charge of criminal sex act.
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.
The 71-year-old was cleared of two counts and the jury at Southwark Crown Court was unable to reach a verdict on one other. He becomes the first person to be convicted under the high profile Operation Yewtree sex crime investigation.
Listowel man Danny Foley (above) awaits release from prison after a five-year sentence for sexually assaulting a young woman in 2008.
You may recall news reports at the time of how up to 50 supporters queued in single file to shake the offender’s hand in Tralee court.
The priest who gave a character witness for the convicted man, Father Sean Sheehy (top) maintains his belief in Foley’s innocence and reckons the jury delivered the wrong verdict.
He is reported as saying of the victim:
“I don’t want to make any judgment on her at all, but obviously the whole situation must have been embarrassing, for the police to happen upon them and what-not. She’s the mother of a young child as well and, you know, that in itself doesn’t look great.”
Fr Sheehy said Foley remains unrepentant and is planning to volunteer for the Samaritans on release having completed a course while in Arbour Hill.
Judge Of The Day Hall of Famer Judge Martin Nolan, no longer in the Family Court, delivers another memorable judgment
A Dublin father who sexually assaulted his neighbour while her eight-year-old son lay in the bed beside was given a two-year, suspended sentence. The child woke up during the assault, recognised the man and told him to “get off my Mammy” before he leaned over and tried to push him away.
The man later told gardaí that he had no idea how he ended up in the woman’s bed and said he thought the victim was his partner when he began touching her
….Judge Martin Nolan said the man had given “an explanation of sorts” for what he did that night but added “I don’t find it very believable, to put it bluntly”.
He suspended the entire two-year sentence after he said that he didn’t think, considering the man’s lack of relevant convictions and genuine remorse, that the crime justified an immediate custodial sentence.
The lesson I had learned from society up to that point was that this behaviour was something that had to be endured. I could fill this entire column with unpleasant anecdotes. Before you roll your eyes, and mutter that I have simply been unfortunate, managing to encounter every deviant in Ireland, understand one thing: my experiences are not uncommon. If anything, they are the norm. I recently raised this subject with a number of female friends and every single woman had a story to tell of sexist abuse and assault. Tellingly, no one used the word assault and no one had ever reported a single instance of abuse.