Tattoo artist sentenced to life imprisonment after fatal sword attack on Cobh chef
The man's 14-year-old daughter told the murderer today: 'You deserve every second of your sentencing.' The killer said: 'I will have to carry his cross with me for the rest of my days.'
The tattoo artist who murdered Ian Baitson, whom he had known since they were teenagers, was sentenced to life imprisonment today in a case where he slashed his leg with a sword when they met in relation to a debt at a supermarket car park.
Ms Justice Eileen Creedon imposed the life sentence on Dylan Scannell, aged 31, of O'Rahilly Street, Cobh, Co Cork, who was found guilty of murdering 33-year-old chef Ian Baitson, in Eurospar car park, Newtown Road, Cobh, on March 19, 2024.
He had admitted manslaughter but denied murder. Six men and six women of the jury at the Central Criminal Court sitting in Cork returned a unanimous verdict of guilty of murder after deliberating for just over four hours at the end of a trial last month.
Detective Garda Paul Cotter said today that the background to the murder was a dispute over the monetary value of a debt owed by the deceased to the accused, and that texts and voice messages from the accused had become more threatening and menacing prior to the sword attack.
The blood-soaked €185 cash Ian Baitson brought to pay Dylan Scannell that evening was still in Mr Baitson's pocket after the attack. Det Garda Cotter said the accused first slashed the sword in the direction of his chest but missed and then slashed him below the knee, almost amputating his leg.
'My heart broke'
Ian Baitson of Newtown Rd, Cobh, Cork, suffered catastrophic bleeding.
Ian Baitson's 14-year-old daughter, Zoey said: 'In March 2024 we all celebrated my younger brother's birthday. Daddy was so happy. Then, a few days later, we got a call saying my father had been attacked. My heart broke. We went to ICU in CUH and seeing my daddy hooked up on three different machines scared me and I will never forget that.
One day we got the call that he was not going to recover and they had to take him off the life support machines. I never cried so much in my life
'When we went up to ICU to say goodbye, there were two teddies on his shoulders for me and my brother. My heart shattered and I never felt so much pain like this. I spent St Paddy's Day in ICU with my dad and on the 19th of March my uncle sat me and my mommy down in a room and told us he is gone. I just fell silent.
'I'm 14 writing this and the only thing I will say is you deserve every second of your sentencing.'
'He was everyone's friend'
On behalf of herself and her four-year-old son, Sarah Geasley spoke today of the overwhelming sense of loss that has consumed lan's family, friends, colleagues, the wider community of Cobh, and herself and their son, since lan was taken from them in such a senseless, cruel and violent manner.
'lan was the kind of person that would light up even the gloomiest room — be it with a well-timed joke, a funny dance, or even by bursting into song. He had a warmth that seemed to radiate from him. He was everyone's friend, whether you knew him for five minutes or five months.
'He had a way of turning even the most awkward of situations into something that you would look back on and laugh. He was a hard worker and I suppose you could say he adapted the saying 'work hard play hard'.
'lan, like many of us, has had hardships and suffered through some tough times but in the months leading up to and at the time of his death we had a healthy co-parenting relationship.
'The last time our son saw his daddy was when lan put him to bed on the night of the attack. He woke up the next morning and unbeknown to our innocent, beautiful, funny little three-year-old boy his life was forever changed. He now cries for his daddy, asks to hug the teddy bear that is made out of his daddy's clothes when he misses him, says things like, 'I want to be a chef like my daddy… I miss him, when is he coming back? ... I wish I could get a ladder to my daddy up in heaven.' And heartbreakingly, "'hy is he gone?'
'He now associates stars in the sky with his daddy, along with butterflies and robins. At night if he sees a bright star he will say 'look, mammy there's daddy'. Every morning and every night he will look to the sky and say 'good morning or good night daddy'.
To the person responsible for this loss: you took more than just a life. You took away our future, our hope, our peace. You have forever altered the course of our lives, and for that, there will never be enough words to express the pain you have caused
Richard Baitson said: 'My brother lan was a beacon of love, strength, and joy. lan touched countless lives with his kindness and his generosity, always smiling and always cheerful. His absence has left a void that we feel every moment. My brother was the devoted father of two children, he adored his children beyond measure. He was their hero, their protector, their guide through life's complexities. His laughter could chase away their fears, and his embrace could make them feel safe no matter what they faced.
'lan began running and even took part in his first few road races, with plans to run the Mallow 10km later in March and Cork City Marathon in the summer of 2024.
"Our mother, Helen, has lost her youngest son, one of only two children. Our mam has suffered a pain that words cannot describe as a result of lan's loss. He was her pride and joy, the embodiment of her hopes and dreams.
She loved us both unconditionally and unreservedly. No parent should ever have to bury their child, yet our mam has been burdened with a terrible and incurable grief. Our mam lived for us, she gave us everything we ever wanted or needed words cannot capture the sorrow she must now endure. Every day, my mam wakes up to face a reality that feels wrong, a world where her treasured son no longer exists in anything but memory and the weight of it is crushing.
'The ripple effects of his absence are felt far and wide, by everyone who had the privilege to know him and those who had yet to meet him.
To have his life taken so violently, so senselessly, is a weight that rests heavily on all of us. It is a pain that I would not wish upon anyone, a pain that feels as though it will never fade
We are left to grapple not only with the loss but with the questions that haunt us — the 'what ifs', the 'whys', and the dreams of a different outcome.'
Tom Creed defence senior counsel read a letter written by Scannell: 'I would like to apologise from the bottom of my heart to Ian's family and friends and to his children. I know my words can't change what happened or change the outcome of today but I couldn't live with myself if I didn't say sorry for what pain and suffering I have caused. Ian was my friend and I will have to carry his cross with me for the rest of my days.
'I can only pray for God's forgiveness. And pray that someday, Ian's family can forgive me … I am truly sorry for what I have done.'
Trial cross-examination
During the trial last month, the accused was asked how he got the sword. 'It was a gift from a client in the tattoo shop a couple of years before this. I brought it home and hung it on the wall. It was old, it was a rusty old sword.'
Mr Creed asked: 'Why did you bring the sword with you to Eurospar (at around 8.30pm on March 15, 2024)?' He replied: 'Just for protection… I was paranoid. I was afraid. I wanted to scare him. I didn't want to hurt anyone. I didn't think I could hurt anyone by hitting him in the leg. I just thought he would get a fright. I didn't think that would happen.'
Mr Creed said: 'The prosecution case is that on the evening you intended to kill or cause serious injury.' He replied: 'I didn't mean to cause any injury. I didn't think that by hitting someone in the leg that I would cause any damage.'
Senior counsel for the Director of Public Prosecutions, Donal O'Sullivan cross-examined and said: 'The first thing you did was not to put your hand out and say, 'Ian, where is the money?' The first thing you do is to take a swipe at him with a sword.'
Scannell replied, 'Yes.' Scannell said, 'I hit him to scare him.' Mr O'Sullivan said: 'You almost amputated his leg, you went through bone. You are lying. You knew well what you were doing. You went up there to hurt him, and hurt him badly, and that is what you did.'
In reply, the accused said: 'I went up there to scare him.'
Afterwards he said he panicked: 'I got rid of the sword, I threw it out the window of the car. It threw it over the wall into the water.'
Mr O'Sullivan put to the accused texts he sent threatening the deceased — that he was going to smash him up, cut off his fingers and further threats made in sexual terms.
The senior counsel asked if those threats meant that he was going to go to hurt him badly. The accused replied: 'No.'
As for being sorry, the prosecution counsel said: 'You are sorry for yourself in this situation facing a murder charge. What you are saying is lies to get yourself out of this situation. You went up to hurt him and hurt him badly. You went up to seriously injure this man. Your behaviour afterwards indicates someone doing everything he could to avoid taking responsibility for what you did. You are coming up here lying to the jury, bare-faced.'
The accused disagreed with that.
But the jury were unanimous in finding that it was murder and today the mandatory sentence of life imprisonment was imposed.
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The Journal
a day ago
- The Journal
American actor jailed for five years for choking woman out and raping her in Dublin AirBnB
A MAN WHO placed his arms around the neck of a woman causing her to pass out before he raped her has been jailed for five years. American actor Kevin Yungman (32) first met the Brazilian woman in Paris three months previously when they both happened to be on walking tour of the city. She was 19 at the time and had been working in Dublin. Yungman was 25 years old. They had never met before. They spent the day together, had wine and chocolate at the Eiffel Tower and returned to his accommodation where they had consensual sex. However, during this meeting Yungman had told the woman at one point to start breathing fast, take a deep breath and hold it in before he placed a hand on her neck causing her to pass out. Yungman later explained to the woman that this was a technique he did when he was having sex. He said when a person passes out it feels like you have taken drugs. He said it was normal and suggested it could be addictive. The woman told him that she had been scared by it. They stayed in contact and agreed to meet again in Dublin the following June. They rented an AirBnB and again there was consensual sexual activity before Yungman raped the woman. He placed his arms around her neck and squeezed hard. She tried to keep his arms away from her but she could not move out. She later told gardaí she was not strong enough. She described to gardaí that at that point she passed out. Yungman tried to turn her over and told her 'that's my girl, that's my girl' before he raped her. The woman told gardaí she could not cope with it and asked him to 'please stop' telling him 'my body cannot take it'. Yungman said he would give her a break and they could go back to it later. Detective Garda Kerrie Sullivan told Anne Rowland SC, prosecuting, that Yungman with an address in Florida, was arrested in the United States in August 2024 and extradited back to Ireland. He had been initially questioned by gardaí in the immediate aftermath of the rape when they stopped him in Dublin Airport as he was about to board a flight to return home. He strenuously denied choking the woman and said any activity that had taken place was consensual. He was ultimately released without charge following questioning and permitted to return to the States pending direction from the Director of Public Prosecutions. Yungman was brought before the Central Criminal Court last Monday when he pleaded guilty to one charge of raping the woman in June 2018 in the Airbnb on Usher's Quay in Dublin city centre. The woman described in her victim impact statement experiencing panic attacks, mood swings, anxiety, suicidal thoughts, dysfunctional relationships and losing her faith in God, in the aftermath of the rape. 'I didn't celebrate birthdays as I felt there was no reason to celebrate my life,' the woman said. 'At 19, I didn't properly understand what was happening,' she said 'I had been living a dream up until I met him,' the woman said describing living in Ireland as 'therapeutic' as she had just lost both her parents. She said the rape impacted her grieving process. 'In hindsight, I was vulnerable when I met him and he saw this in me,' she said. She said when she heard the court case was going ahead, she felt 'a little more hopeful' and she began to look after herself. 'I took actions to reconnect with my body, took up physical activities, began to have fun again 'I could look back on what happened with a mature mind, and I stopped blaming myself. I was only 19, enjoying life,' the woman said. 'This was manipulation and not my fault,' she continued. 'But honestly, when I truly felt alive again, was when I heard him say the word 'guilty',' the woman said before she described walking in the Phoenix Park afterwards 'and instantly life felt colourful again'. 'I want to close this time and never look back. Now, I will not live in pain anymore. The shadows of that memory is gone. I am glad now and I don't have to think about the dark memories,' she continued. She thanked everyone that was involved in this process. 'This is what helped me finally heal from the incident. I am extremely grateful for hearing me at the garda station, I cannot stress how important this was to me ,' she said. 'How important it was to be heard as I felt so ashamed and guilty,' she concluded her statement by saying she now has 'the power to speak up and not be silent anymore' Justice Tony Hunt told the woman that he was very glad to hear the last few things she said. 'I listen to victims on a regular basis. Sometimes I feel I should tell them they should not let these things define them. I am really glad to hear that you have come around,' he said. He said as an older person you come to realise that you are not going to be young forever and advised the woman to make the best of her youth. 'It is very important you realise that. And I am glad to hear you are moving on,' Justice Hunt said. Ms Rowland told Justice Hunt that the plea was acceptable to the DPP and was based on the rape when Yungman caused the woman to pass out. She later outlined an incident when Yungman had sex with the woman on the sofa in the rented Dublin apartment after she had told him she did not want to do anything. Yungman's mother took the stand and looked directly at the woman sitting in the body of the court. She used the woman's first name and told her that 'from the deepest place in my heart and as a Mam and as a woman, I want to say sorry. There is nothing that I can say that is going to erase the pain. I want you to know that I heard every word that you said and I feel your pain. I am sorry'. She said she taught her children the difference between right and wrong, describing themselves as a law abiding family. 'What happened to you should not happen to anyone'. 'I believe in accountability and that every wrongdoing must have a consequence. He needed to acknowledge his actions,' the woman continued. She said as a mother the thoughts of being away from her son in a prison in Ireland while she is in America is 'breaking my heart' but added 'even in our pain we understand that justice must be served'. She said she was not asking for forgiveness 'that would be too much' and said she was 'not asking for leniency'. 'Even in our pain we know we stand behind the truth and we know this is the truth. I pray every day that you heal from this,' the woman said. Justice Hunt addressed the woman and said it was very unusual in a case such as this for a parent to take the stand and address the court in that manner. He told the woman 'your son is very fortunate'. Having adjourned the case earlier in the week after hearing the facts, today, Justice Hunt imposed a sentence of six years with the final 12 months suspended on strict conditions. The judge said this was a 'very sad and difficult case', noting there was a consensual background, which took a 'bad turn'. He said it was not the first and would not be the last of this type of case to come before the courts. 'It all comes back to this idea of respect for the consent of the other person to sexual activity,' Justice Hunt said, noting that people have a 'duty' to confirm that consent to a sexual act has been freely and voluntarily given. Advertisement The judge said the asphyxiation was among the aggravating factors in the case. Referring to the victim impact statement, the judge said the woman was an 'incredibly articulate and thoughtful person' and said the court was 'heartened' that she appears to be making progress in her recovery. Having set a headline sentence of eight years, the judge noted there was 'considerable mitigation' including Yungman's guilty plea and the difficulty he will face serving a sentence in a foreign jurisdiction. Justice Hunt said there was a 'real prospect' of Yungman 'fully rehabilitating himself elsewhere with the disabilities that such convictions bring, but that is something he will face up to in the future'. He imposed a six-year sentence with the final 12 months suspended on strict conditions and backdated it to August 2024, when Yungman went into custody in the United States. The judge directed Yungman to have no contact direct or indirect with the victim in perpetuity. He also told the defendant he must leave the jurisdiction once he is released from custody and not return for 10 years. Justice Hunt said Yungman was 'fortunate' to have the support of his mother and wider family, who would support him and help him after he has paid a penalty for his serious misconduct. He wished the victim well for the future and said in the circumstances, the court would also wish Yungman's family well. 'They are not responsible for what happened and they are patently decent people,' the judge said. Additional evidence Det Gda Sullivan told Ms Rowland that during the Dublin trip, having initially had said 'no' to having sex with Yungman without a condom, the woman ultimately did have sex with him after they had some alcohol together. She told Yungman the next morning that she had regretted that and told him it would not happen again. He replied 'okay' and began touching her. She said she didn't want to do anything but he told her to shush, that he would not doing anything she did not want. The woman tried to get up but Yungman turned her around so that her back was facing up and she was face down on the sofa. They had previously arranged a safe word between them and despite the woman saying no and using the safe word a number of times, Yungman had sex with the woman. He told her to move and she said she didn't want to do that. She was feeling tired and he instructed her to go on his lap. He told her he wanted her to feel the same pleasure before he brought her into the bedroom and showed her a condom. She said no that she was too tired but he kept trying and she asked him to put it on him. He took the condom from her and placed it under the pillow. She continued to tell Yungman to stop. She told him she did not want to engage in any other sexual activity. Det Gda Sullivan said Yungman put his hands around the woman's neck and was squeezing very hard. She tried to keep his arms away from her but she could not move out. She later said she wasn't strong enough. Yungman tried to turn her over and told her 'that's my girl, that's my girl' before he raped her. The woman later told gardaí she could not cope with it and asked him to 'please stop' telling him 'my body can not take it'. Yungman said he would give her a break and they could go back to it later. The woman later told gardaí that during the Paris trip, when she had also passed out by Yungman holding her neck, her mind was in a mess afterwards and she had not realised she had passed out. Yungman asked the woman if she liked it. She was confused and didn't want to ask. She slept and there was more sexual activity afterwards. She later told him in Paris that she had been scared by the earlier incident. He said it was normal and one could get addicted to feelings such as this. She changed the subject as she felt he was trying to encourage her to go again. Lorcan Staines SC, defending, read a letter of apology from his client into the record in which Yungman apologised for the pain he had caused the victim and her loved ones. He said he was so ashamed of himself and 'the choices that I made that have brought you here'. He described how his parents are not wealthy people and they have put all their savings into funding his defence. He said he has 'shattered my family' and they will never be the same again. He apologised again for 'the atrocities I have caused you'. 'I will never forgive myself. I pray every day that God will bless you and help you move on. I am so sorry. I am so sorry,' Yungman wrote. Staines said that his client has qualified as an emergency medical technician and has worked as a paramedic. He was working as a real estate agent at the time of their meeting in 2018. He asked the court to accept that Yungman consented to his return to Ireland and never applied for bail. Staines accepted that his client initially denied the offences, but said he co-operated with the garda investigation and ultimately pleaded guilty. He said he is from a good respectable family and Justice Hunt interjected – 'the one thing he is fortunate in'. Counsel said it had been a positive interaction in Paris but acknowledged that 'license to do one thing is not license to do another' before he acknowledged there was 'no question that there was an absence of consent'. Further victim impact statement She said she decided to report the rape to the gardaí and knew this meant she would have to tell her sister. 'I couldn't speak the words about being choked, every time I spoke the words out of my mouth I felt it happening again, my mind was protecting myself from the pain again,' the woman continued. She described the following examination at the sexual assault treatment unit as being made feel like she was a science project, describing it as 'inhuman' and 'invasive'. She said she told the nurse in the SATU that she had been choked and raped and that was the first time she had mentioned the fact that she had been choked. She said the trip to Paris was her first trip on her own and she was excited and 'super proud of myself'. 'I felt self empowered, safe and confident. I met some lovely people,' she said. She spoke about meeting Yungman. She said he was very friendly and seemed good company. She said they chatted and she felt safe and secure. 'I felt ashamed looking back for believing him and spending time with him'. The woman said when she met Yungman in Dublin she felt as if she was 'falling in love'. 'Only now, seven years later that I can say out loud that night I was raped by him. I understood in that moment. I knew instantly that I had been raped. It was like something in me had died in that moment. My body felt like it was not my own anymore,' the woman said. She said retreated into a shell and felt dirty the next day. She tried to clean herself internally and began to have a panic attack. She said it was her first panic attack. The woman said she ultimately returned to Brazil but struggled with the return of 'a lot of feelings'. She said she thought it easier not to live and questioned the meaning of life. 'I felt I did not belong here,' the woman said. She described engaging in dysfunctional relationships, her anxiety and panic attacks got worse and she knew she needed professional help. 'I know now that every problem in my life at that time, the root of it was the rape. The other things were just a distraction from the rape,' she said. She said experienced mood swings and lost her faith in God. She said beforehand she was spiritual and she would always pray for help but she thought 'no God would let this happen to a woman'. The woman said she began to self harm and while driving thought if she swerved or accelerated would it be enough to kill her. She thought while peeling a fruit if she put the knife into her throat. She said she had never experienced these feelings before the rape. She said had no self love, no confidence. 'I was insecure and disconnected to myself.' She said experienced trouble sleeping and eating. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Times
a day ago
- Irish Times
‘I beat a shovel off his head': Man sentenced for unlawful killing
A father of four beat a man to death with four blows of a shovel and told gardaí who arrived at the scene: 'I hit him with a shovel and I hope the c**t is dead,' the Central Criminal Court heard today. A sentencing hearing for Joseph Cahill (46), who pleaded guilty to the unlawful killing of 43-year-old Gerard 'Ger' Curtin, heard that Cahill had previously threatened to kill the deceased after Mr Curtin came to his house, threw stones at his windows, threatened to burn the house down and demanded money. Mr Curtin left after Cahill's partner gave him €300. Insp James Ruddle of Roxboro Road Garda station in Limerick told the court that Mr Curtin returned to Cahill's house in the early hours about two weeks later, again demanding money. CCTV footage showed the deceased smashing a window of the Cahill home with a rock. The lock on Cahill's front door was broken so he had propped a shovel against it to keep out intruders. Cahill took the shovel, opened the door and struck the victim on the head, causing him to immediately fall to the ground, the inspector said. Cahill then struck Mr Curtin three more times as he lay 'defenceless and immobile' on the ground. Before delivering the blows, Cahill called emergency services and asked for the police. After delivering the fatal blows, with Mr Curtin lying motionless on the ground, Cahill told the call-taker that a man was trying to get into his house. READ MORE He waited a further eight minutes and 30 seconds before telling the call taker to send an ambulance. When asked why he needed an ambulance, Cahill said: 'I think he's dead ... I had to protect my kids. I don't give a fuck about going to jail. I beat a shovel off his head and I kept beating, to tell you the truth.' The first garda at the scene made a note of Cahill saying: 'I hit him with a shovel, I hope the c**t is dead.' Garret Baker SC, for the Director of Public Prosecutions , told Ms Justice Eileen Creedon that Cahill was originally charged with murder. He said the DPP accepted the manslaughter plea on the basis that Cahill honestly believed that he was protecting himself, his property and his children but that the force used in striking Mr Curtin four times with the shovel was excessive. Gerard Curtin died on November 4th, 2023. Photograph: Garda/PA On May 30th this year, Cahill, of Sarsfield Avenue, Garryowen, Limerick pleaded guilty to the unlawful killing of Mr Curtin on November 4th, 2023 outside his home. Mr Baker said the offence warrants a headline sentence of 10-15 years. In an impact statement, Bianca Hickey told the court that the deceased was a brother, father, partner and friend. She said the family has always been 'close-knit' but the killing tore them apart. She said they have watched their parents become 'completely different people'. They never got to say goodbye or kiss him one last time because his injuries were so catastrophic that his coffin had to be closed. Insp Ruddle agreed with Michael O'Higgins SC, for Cahill, that gardaí were aware of allegations over many years that Mr Curtin had smashed windows of houses and threatened the occupants. The court heard that eight days after the killing, Cahill's home was petrol bombed and the family was forced to move out of the area. Cahill's sister's home was also petrol bombed at 5am while all people living there were in bed, the court was told. When Mr O'Higgins began to read a letter of apology from his client, the deceased's family stood up and walked out of court. In the letter Cahill said he wanted to 'express how deeply sorry I am' to the victim's partner and children. He said he carries the 'massive burden' of what he did every day and has turned the lives of his own family upside down. Mr O'Higgins said his client has a long history of mental illness, polysubstance abuse and a gambling addiction. He pointed to a psychiatric report, which states that due to childhood trauma, Cahill is predisposed to act irrationally and to overreact to threats against himself and his family. He has no relevant previous convictions. Counsel asked the court to take into account that Cahill was woken on the night by a volatile man smashing his windows and trying to cross the threshold into his home. While Mr O'Higgins said the court would have to impose a custodial sentence, he asked Ms Justice Creedon to offer the 'maximum leniency' possible. Ms Justice Creedon adjourned sentencing to November 24th.
Irish Daily Mirror
a day ago
- Irish Daily Mirror
Man who raped young Spanish tourist in Dublin on New Year's Eve sentenced
A man who raped a young Spanish tourist in a Dublin city centre street during New Year's Eve celebrations six years ago has been given a seven-year sentence with the final six months suspended. Christopher O'Grady (34), 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, 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 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. However, the Probation Service advised the court that an updated probation report included a recommendation that restorative justice is "not feasible" at this time, due to O'Grady's position during an interview with a probation officer. 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 Tony McGillicuddy SC, prosecuting, told the court that the woman had been made aware of the report's contents and communicated to gardai that she was "relieved". He added that the woman was "satisfied that the court could take the next step forward." 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. 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. He asked the court to consider suspending part of any sentence imposed to encourage rehabilitation. Sentencing O'Grady today, Ms Justice Biggs said the aggravating factors were the harm suffered by the victim, "the opportunistic and predatory nature of this event", the fact the victim was clearly intoxicated, was not able to walk and "entirely lost". The judge said the jury found in light of that intoxication, she was incapable of giving consent. She noted the victim now has PTSD, depression, hypervigilance and experiences feelings of distrust, fear and isolation. "These issues have affected every aspect of her life," said the judge. Ms Justice Biggs said she considered the probation report and that O'Grady comes from a very difficult background. The judge said it was accepted that O'Grady has had a chaotic upbringing. The judge noted he apologised to the victim for the hurt and pain he has caused her and a most recent probation report queries whether he fully comprehends what he has done but that he is at an early stage of understanding. In her victim impact statement which was previously read out in court, 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. The victim described in her victim impact statement 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. 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. Mr Dwyer 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. Mr McGillicuddy 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. In sentencing, the judge said she watched the CCTV footage and a fall she sustained "was not a stumbling, it was a fall on her back." "The look on her face was important"… "she looked blank, confused and completely lost," said the judge. Ms Justice Biggs said she wanted to commend the victim and said she hoped she could find a way to have good and happy life. Sign up to the Irish Mirror's Courts and Crime newsletter here and get breaking crime updates and news from the courts direct to your inbox.
