Decision to extend notorious rapist's sentence by 16 years is ‘wrong', barrister tells court

Sunday World

6 days ago

APPEAL |
Michael Murray (54) was jailed for 15 years for falsely imprisoning, raping and sexually assaulting a woman at a Dublin apartment in February 2010.
Michael Murray (54), formerly of Seafield Road, Killiney, Co Dublin, was found guilty in 2021 of making death threats against Dominic McGinn SC in November 2014 and Tony McGillicuddy BL in January 2015 – the barristers who prosecuted the rape case against him in the summer of 2013.
He was also convicted of harassing his victim by advertising her online as a prostitute, and making similar posts about Mr McGinn and his former defence solicitor in January and February 2015. He had pleaded not guilty to all of these offences.
In 2013, Murray was jailed for 15 years for falsely imprisoning, raping and sexually assaulting the woman at a Dublin apartment in February 2010, and abducting her child. His sentence was later increased to 19 years imprisonment by the Court of Appeal, which was backdated to February 2010.
Michael Murray
In July 2021, judge Karen O'Connor sentenced Murray to nine years in prison for the threat to kill Mr McGinn and seven years for the threat to Mr McGillicuddy.
The judge sentenced Murray to the maximum seven years for the harassment of the woman he was convicted of raping 'in the context of re-victimising [her] after such serious and violent offending.'
Judge O'Connor ordered that the nine-year sentence for the threat to Mr McGinn and seven-year term for harassing his victim be served consecutively to each other, for an effective operative sentence of 16 years imprisonment. The judge ordered that this sentence was to date from the end of his original 19-year sentence for rape.
She ordered sentences of four years for the harassment of Mr McGinn and the female defence solicitor and five years for possession of the mobile phone in prison.
Murray has 34 previous convictions, including convictions for common assault, carrying firearms, robbery and aggravated burglary – with the offending dating back to 1987.
Appealing the severity of his 16-year sentence today, Barry White SC, for Murray, told the three-judge court that his client was already serving a 19-year sentence for rape when the matter came before the Circuit Court in 2021.
Counsel said Murray had been convicted by a jury on five counts in the Circuit Court and the appellant would only commence serving the 16 year sentence for harassment and death threats at the expiry of the 19-year rape sentence. "As a result Mr Murray now finds himself in a situation where he is now serving a 35-year sentence," he added.
Michael Murray
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Mr White submitted that the trial judge erred in determining the appellant's sentence in circumstances where the court failed to have regard to the 'totality principle' in the particular circumstances of Murray.
The lawyer said the trial judge was of the view at sentencing that there was no mitigation in the case but at several points during the course of the trial she acknowledged that the appellant had saved time and resources through concessions made.
He said it was also clear to the trial judge that Murray was a man "of some considerable age" and who in 2021 was effectively 50 years old.
Mr White submitted that these were mitigating factors which ought to have been considered in the context of the totality principle, whereby the court must be satisfied that the overall sentence in its totality is fair, just and proportionate.
He said the core issue was that the trial judge failed to have regard to the totality principle and asked the Court of Appeal whether in the circumstances it was appropriate for the appellant "to end up with what was effectively" a 35-year sentence in totality. "In our submission it is wrong," he added.
Opposing the appeal today, Ms Anne Marie Lawlor SC, for the Director of Public Prosecutions, said the 19-year sentence for rape was imposed in 2010 and the appellant was coming into "the later half or end of that sentence" in 2021. Read more
Ms Lawlor submitted that the consecutive sentence handed down by Ms Justice O'Connor was entirely appropriate, wholly justified and properly reflected the gravity of the offending. She had no error in principle had been established and counsel for Murray "coming in here citing figures" didn't amount to an error in principle.
Ms Justice Tara Burns told counsel that the 19-year sentence imposed for rape was not for consideration today and it was whether Ms Justice O'Connor was correct to impose a consecutive sentence of seven years for the harassment of the woman on top of the nine year sentence for the threat to Mr McGinn. "The sentencing judge explained her position in relation to the woman already being the subject of a rape trial," she added.
Ms Lawlor went on to say that the totality principle was not in any way, shape or form "offended" as the gravity of the offending was of such a nature that the sentence before the court was a proportionate one. She went on to say it was a wholly justified consecutive sentence.
Mr Justice Patrick McCarthy, sitting with Ms Justice Tara Burns, and Mr Justice Brian O'Moore, reserved judgement in the sentence appeal.