Restorative justice is 'not feasible' in 2019 rape case
Christopher O'Grady, aged 33, formerly of Muirhevnamor, Dundalk, Co Louth, was found guilty of one count of raping the then 19-year-old woman on 1 January, 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 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.
Mr McGillicuddy today 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.
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.
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. 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, 31 July, and said she would finalise the sentence then.
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