Father convicted of raping two daughters
A convicted Clare sex offender has been found guilty by a jury of sexually abusing two of his daughters in a County Offaly town land and may now have a previous suspended sentence re-activated as a result.
The Dublin Circuit Criminal Court jury returned 10 guilty verdicts by 11-1 majority of sexual assault on two of his daughters on dates between September 2001 and December 2004. He was acquitted on one count.
Garda Lorraine Fahy told prosecuting counsel, Ms Úna Ní Raifeartaigh BL, that the 36-year-old man received two concurrent 10-year sentences from the Central Criminal Court in 1993 for aggravated sexual assault and burglary with the final six years suspended on condition that he stay away from two named Limerick villages and not re-offend during the six years.
Ms Ní Raifeartaigh noted that one of his ten new convictions was for an offence committed within that six years and said he now faced a possible consecutive sentence because the six years suspended portion of his 1993 sentence might be re-activated by the Central Criminal Court.
Mr Gerard Groarke BL (with Mr John Phelan SC), defending, said the man, who cannot be named for legal reasons, had abided by all his bail conditions in this case and asked for a remand on bail pending sentence.
Judge Desmond Hogan said bail was granted on the presumption of innocence, but the man had now been found guilty of "most serious offences" as well as having previous serious convictions and would be remanded in custody. He directed the preparation of victim impact reports for the sentence hearing early next year.
Judge Hogan also told Ms Ni Raifeartaigh and Mr Groarke that he wanted to be addressed by both sides at the sentence hearing concerning the issue of his power regarding consecutive sentencing in this case.
The jury of five women and seven men returned its verdicts on day-14 of the trial following some five hours deliberation and also spent one night in a hotel.
Judge Hogan thanked the jurors for their excellent care and attention to a long trial that he said was harrowing for everyone concerned but they were at all times noticedly attentive.
"There is only one worse spot in a court-room in this kind of trial and that is being a member of the jury," he said. "It is no easy task to carry out your duty as a citizen in such an emotive case."
Judge Hogan told the jury it was the first to have video recorded interviews with one of the victims admitted as evidence as a result of Section 16 of the Criminal Justice Act 2006.
He said that formerly, the only avenue open to a court when a witness mightn't give evidence in the trial in accordance with previous statements, was to treat that witness as hostile and the statement could only be used to show credibility on which the witness could be cross-examined by his or her own side.
Judge Hogan said the 2006 legislation had opened "another avenue" and not only was the statement admitted but it was deemed to be evidence.
"And that is what all the legal argument was about when you were left at home for several days," he said. "The new law was put to the test and applied successfully."
