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Tourist rape victim wants to meet attacker 'to ask how he could be so cruel'

Tourist rape victim wants to meet attacker 'to ask how he could be so cruel'

A Spanish tourist who was raped in Dublin city centre during New Year's Eve celebrations has said she wants to meet her attacker in a safe space and ask him how he could have been so cruel.
The prosecution will now look into providing restorative justice for the complainant to allow her to do this, with the court hearing that it is rarely utilised for victims in rape cases before the Central Criminal Court.
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 1, 2019 following a trial last March. He was homeless at the time.
In her victim impact statement which was read out by prosecution counsel, Tony McGillicuddy SC, 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.'
The Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every week
'...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.'
She 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.
Padraig Dwyer SC, defending O'Grady, submitted 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 Caroline 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.
Ms Justice Biggs adjourned the case to July 24 to give the prosecution time to look into the issue.
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.
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Click here to sign up and get it delivered to your inbox every week The couple had sworn affidavits claiming they heard a row between Ms Hand and her then partner on the night of 9 December 2018, after the alleged rape, with Ms O'Reilly claiming she saw the row from her bedrooom in a house across the road. She claimed Ms Hand's then boyfriend pushed her and she saw him moving his arms and hips as though he was punching and kicking her. Mr Cummins had claimed he was woken by screams and shouts coming from Ms Hand's house but said he did not see what had happened. Their claims have now been totally withdrawn by McGregor - with Ms Hand's Counsel seeking an apology from him over the ordeal. Mr McGregor, who was not present in court, also argued four other grounds of appeal - such as that it wasn't specified on the issue paper to the jury that Ms Hand suffered a sexual was also arguing about the use and admissibility of his client's 'no comment' answers given to gardai in 2018, how the Judge handled that issue during the trial - and about his right to proceedings began with McGregor withdrawing what was set to be a major focus of the hearing - the evidence of Ms O'Reilly and Mr Cummins - which would have also seen Nikita Hand having to take the witness box. Mark Mulholland KC for Mr McGregor said they were also withdrawing evidence of Northern Ireland's former State pathologist Professor Jack for the MMA star admitted the ground for the appeal was 'unsustainable.' Ms Hand had stated in an affidavit that the claims by the couple were 'lies,' and in the opening moments of Tuesday's hearing, her counsel contended that McGregor was now 'conceding' that fact. Mr Gordon SC for Nikita Hand called for Mr McGregor's counsel to apologise to Ms Hand for what was done to her in the last few months with coverage of the couple's claims being broadcast in the media and in affidavits before the court, which the witnesses were now withdrawing."An apology would be a start", he told the court. Nikita Hand, who a civil jury found last November was assaulted by Mr McGregor, attended the appeal hearing before the Hugh Kennedy Court on Tuesday Hand was supported in court by her partner, mother, friends - and a large crowd of supporters who were outside the building - including assault victim Natasha O'Brien and Hazel Behan, the woman who accuses Madeleine McCann suspect Christian Brueckner of McGregor, who was not required to be present in court, did not appear - and was represented by Remy Farrell SC and Michael Staines solicitor. Ms Hand was being represented by John Gordon SC and Ray Boland SC - instructed by Dave Coleman solicitors. Mr McGregor's appeal was being heard before Ms Isobel Justice Kennedy, Mr Justice Brian O'Moore and Mr Justice Patrick for Mr McGregor told the court they 'cannot sustain' the grounds of appeal regarding the couple and the evidence of the former pathologist, which they said was taken to potentially corroborate those Gordon SC, for Ms Hand, told the three Judges that he had been informed of the development 10 minutes before the hearing today - and stated that it was 'unacceptable.'"My client (Ms Hand) has been put through the wringer yet again. She answered it in her affidavit that it was all lies. That has now been conceded,' Mr Gordon told the court. He further stated that Mr McGregor's side were now thinking they could 'waltz in here and think they can walk away from this.'Mr Mullholand, for McGregor said the evidence of Professor Crane told the Judges that there was "no corroboration" for Ms O'Reilly's evidence without Professor Crane, and therefore they had come to believe the conclusion that this grounds for appeal was "not sustainable." "It was the holistic view for both to be run in tandem and with one not being run, the strength of the other was not sufficient," Mr Mullholland told the Justice Kennedy said she found it most 'unsatisfactory' that this application to remove those grounds of appeal 'so late in the day.'Judge Kennedy says it is "unsatisfactory that this application is being made so late in the day." However she accepted the application, despite saying that it had been made 'at the very last minute.'Following that Remy Farrell SC for Mr McGregor spoke at length about the other grounds of appeal - first dealing with his client's 150 'no comment' answers to gardai in Dundrum garda station - who investigated the rape claims in told the court that the issue arose in cross examination of his client by John Gordon SC during the trial, and a misinterpretation of his response was used as a 'hook' to say that Mr McGregor was telling the jury he wanted to tell the gardai everything. Mr Farrell said that Mr McGregor was in fact telling Mr Gordon how he interacted with his solicitor at the time - and not gardai - but that Mr Gordon went on to describe it as otherwise. "There is a remarkable conflation with what Mr McGregor said and what was said to him in cross examination,' Mr Farrell submitted to the submitted that there was an attempt made by Ms Hand's counsel to 'lead the evidence,' that this was an issue of contention during the trial and that they 'simply decided to take a punt' on Farrell argued that there was a "persistent attempt" by Ms Hand's Counsel to "paraphrase the answer that was given,' by his client during cross examination - and he was submitting that this was 'simply not permissible.'He further stated that it was 'notable' that the trial Judge - Mr Justice Alexander Owens did not deal with it and alleged that he was 'patently incorrect' in terms of conclusions that he drew and stated to the jury in his charge to them.'It is simply wrong and in my submission manifestly wrong,' Mr Farrell said. Mr Farrell further alleged that Ms Hand's Counsel made an attempt to draw an inference from his client's no comment answers to gardai that there was 'no smoke without fire.'And he said that it was clear that Mr Justice Owens 'took a view' on this, intentional or not, to invite the jury to start drawing inferences over Mr McGregor's multiple no comment answers to stated that Judge Owens identified the purpose of the cross examination to the jury but that it was never followed through and so the jury was left 'with a bizarre proposition.'Mr Farrell said the question was never asked and the jury was therefore invited to decide whether they thought McGregor misled them or that he left them under a false impression.'The reason the Judge is scrambling for some other justification for the admission of this evidence is the witness has not been cross examined for the admission of this evidence,' Mr Farrell further stated that it invited an inference to be drawn that people cannot be allowed to sit in interviews and say nothing and then submit a Farrell said it invited an inference to be drawn that people should not be permitted to sit in interviews and say nothing and then submit a statement. Mr Farrell said this was like a reference to Jazz "where you look for the notes not being told the court that the evidence of the no comments was brought into the case 'without warning' and it was then 'not pursued for the appropriate purpose.' He therefore argued that in those circumstances a retrial is Farrell also made arguments in relation to the issue paper and the use of the word assault as opposed to sexual assault. At this point Judge Kennedy asked Mr Farrell if it was not absolutely clear that Judge Owens made it 'quite clear' in the trial that the assault in this incidence 'was committed by rape.'Subsequently Ray Boland SC for Ms Hand stated that the issue came up ahead of time and that both Counsels agreed on the wording on the issue paper.'As it happened the draft prepared by Mr Gordon said sexual assault, the draft prepared by the Judge said assault,' he told the court. However he said the issue was brought up with Mr Farrell at the time and they had agreed on the wording of 'sexual assault.''I say that that's the first defendant basically agreeing with the issue paper from which they are now criticising. Assault is a broad umbrella, it covers - sexual assaults,' Mr Gordon told the court..'What we were dealing with was assault by rape. There was no ambiguity whatsoever,' he added, saying it would be an 'insult to the intelligence of the jury to say that they didn't know what the case was about."On the no comment issue Mr Boland said there may have been a 'breakdown in communications' during the trial but that if this was such a serious issue, Mr Farrell could have made arguments at the time about discharging the jury but he did not.'He could at that stage have made an application to discharge the jury which wasn't made,' he told the court. He stated that the no comment answers were 'not hugely probative' other than Mr McGregor was putting himself forward during the trial as someone who wanted to cooperate fully with the gardai and he didn't.'That was the purpose for which it was put. The judge made it abundantly clear that the jury couldn't draw an inference just because of the no comment advice,' Mr Boland further stated. He also told the court that it became clear at another point in cross examination that Mr Gordon was asking McGregor about his cooperation with gardai and not his alleged that Mr McGregor was putting himself forward to the jury as a person who wanted to cooperate as much as possible.'That's the picture he was attempting to put forward before the jury." Mr Boland said 'no injustice was done' in this case and that Judge Owens was correct to allow the evidence to be Judges have yet to consider a costs issue in regards to James Lawrence - and so the matter has been put back to resume on Wednesday morning.

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