Restorative justice is 'not feasible' in rape case, says Probation Service

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5 days ago

The Probation Service have advised the Central Criminal Court that restorative justice is 'not feasible' in the case of a man who raped a Spanish tourist six years ago because he does not accept full responsibility.
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 1st 2019, following a trial last March. He was homeless at the time.
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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 previously 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.
On Thursday, Mr McGillicuddy told the court that an updated probation report includes a recommendation that restorative justice is 'not feasible' at this time, due to O'Grady's position during an interview with a probation officer.
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He told the court that the woman has been made aware of the report's contents and communicated to gardaí that she was 'relieved'.
He added that the woman is 'satisfied that the court could take the next step forward'.
Mr McGillicuddy asked the court to adjourn finalisation of this sentence as the woman had indicated she would like to be present.
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.
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She also noted the probation report states that O'Grady accepts the woman is traumatised and harm has been done to her but does not believe he is responsible.
The judge added that the probation officer said O'Grady 'may be in early stages of contemplation regarding his offending'.
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.
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He asked the court to consider suspending part of any sentence imposed to encourage rehabilitation.
Remanding O'Grady in continuing custody, Ms Justice Biggs adjourned the case to next Thursday, July 31st and said she would finalise the sentence then.
In her victim impact statement, 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.
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.
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Mr Dwyer, defending O'Grady, 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.
Ms Justice 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.
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.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.