Latest news with #CentralCriminalCourt
BreakingNews.ie
35 minutes ago
- BreakingNews.ie
Woman who reported brother for childhood rape says justice has been done with sentence
A woman who reported her older brother for abusing and raping her when she was a child, as she feared that he would harm others, has said that `'justice has been done' after he was jailed for two and a half years on Wednesday. Niamh Herbert (41) waived her right to anonymity at a sentencing hearing for her brother Emmett Baylor (47) at a sitting of the Central Criminal Court in Cork on Wednesday. Advertisement In a victim impact statement, Ms Herbert recalled sitting out at garda stations in 2018, 'willing herself to find the courage and strength to walk inside' to report the harm inflicted on her when she was aged between six and nine years old. Mr Baylor of Hilltop, Youghal, Co Cork was found unanimously guilty last month on a number of charges, including sexual assaults, indecent assaults and oral rapes. Det Garda Yvonne Cashman said that the offences occurred when Mr Baylor was aged 13 to 16. The rapes occurred in the latter half of that three-year period. Det Garda Cashman said that Mr Baylor lost his job at sea with Irish Lights following his conviction. Advertisement Ms Herbert last week presented her own victim impact statement from the witness box. She described delivering the statement as being 'painful' in nature. 'There are no words to sum up a lifetime of damage, but I have to try. "I was just a little girl when you started to abuse me, and made me a victim. You trapped me for years in a cycle of fear and terror. "Countless nights I lay in bed frozen in fear, counting footsteps, terrified of what might come next, and those memories haunt me to this day. Advertisement "The terror didn't stop when the sexual abuse ended. I still grieve for the childhood and youth you stole from me, for the years of innocence and joy I will never get back. "Your abuse was calculated. You knew exactly what you were doing, and you knew it was wrong. I carried your secret for years. "The shame, the blame, the unbearable weight of your crime was sat on my shoulders.' Ms Herbert said she turned to drugs and alcohol at the age of 13 to 'numb the pain and quiet the torture' in her mind. Advertisement 'I was angry and empty, drinking to blackout, crying myself to sleep. I would wrap my scarves around my face, put my head inside my pillowcase and hope I wouldn't wake up in the morning. "I often wonder what my life would have been like if I had lived in safe and loving home, but I'll never know. "Due to your abuse, I have suffered with anxiety, depression, sleep disturbances, panic attacks, and sensory distress. "From 2018 onwards, I spent many nights parked outside the Garda station, willing myself to find the courage and strength to walk inside and tell them what you had done to me. Advertisement "In the end, it wasn't courage or strength that made me take that step. It was guilt. The crushing fear that you might be hurting other children. I knew I would never truly rest unless I spoke out. I knew I wouldn't be able to live with myself if I didn't.' Ms Herbert said that Mr Baylor turned to lies and manipulation to try to gain sympathy to serve himself. 'I am a grown woman now, and you can't hurt me anymore. "I would like to thank the jury for believing me, bringing justice through a guilty verdict. "I will finally have peace knowing I did everything I could to speak the truth. I hope that from this day forward Emmet Baylor will never have the opportunity to harm another person again.' Ms Herbert thanked all of the professionals who worked on the case, including Det Garda Cashman. She also thanked her husband Paul, brother Martin and friends for their support as well as the jury for believing her. Defence senior counsel, Alice Fawsitt, said that her client was as young as 12 when the offences on which he was convicted started. She indicated that he had emotional difficulties at that time. Mr Baylor received a character reference from his father Brendan. The court heard that Niamh and her brother Emmett were adopted. The offending occurred at the family home in Youghal. Ms Herbert waived her right to anonymity. Prosecution senior counsel Ray Boland referred to a recent Supreme Court case and said there was no legal prohibition to identifying Emmett Baylor. In sentencing, Ms Justice Siobhan Lankford said that the evidence given by Ms Herbert was compelling in nature. She said that Mr Baylor had stolen the childhood of Ms Herbert in what should have been a period of 'innocence and joy.' Ms Justice Lankford said that a larger custodial sentence would have been imposed on an adult for the same offences. However, Mr Baylor was a young teenager when a large amount of the offending behaviour occurred. She noted that the accused had been a 'useful' member of society and had no previous convictions other than for road traffic offences. Ms Justice Lankford also said she was cognisant of his 'emotional immaturity' at the time, having been furnished with a report from a psychologist which dated back to his teenage years. Ms Justice Lankford jailed Mr Baylor for two and a half years, and said that there was no basis for a further reduction given the failure of the accused to accept the jury verdict. He was also placed on the sexual offenders register. Speaking outside the court, Ms Herbert said that she felt 'lighter' having received justice for the abuse that she had been subjected to by her brother. She called on others in her position to contact gardai or to speak to a GP or a counsellor if unable to face reporting the matter. 'Anyone who has been in my shoes or is living with it at the moment, it is very difficult to take that step to come forward. It was always on my mind, and I was waiting to build up the courage to do it. It was Youghal Garda Station. I was driving and driving and thinking about it and eventually I took that step to go and tell the guards. The guards will be there for you. I'd like to say to anybody if I can do it you can do it. You have everything inside of you. Speak out, tell somebody and they will listen to you. "There is no limitation on crimes as heinous as these, and it's never too late to go. You can still get support without coming forward (to gardaí). You deserve to live a peaceful life.' 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 or visit Rape Crisis Help.
Irish Daily Mirror
3 hours ago
- Irish Daily Mirror
Sisters raped by priest brother call for witnesses to be paid for full trial
Two sisters who were raped by their brother are calling for witnesses in crime trials to have the same entitlements as jury members. Earlier this month, Richard Brennan - a former priest - was handed down an eight-year sentence for six counts of rape and 18 indecent assaults from 1978 to 1985. Brave victims Paula Fay and Catherine Wrightstone said this is "not long enough" and have called for a number of reforms in the judicial system. Speaking to Oliver Callan on RTÉ Radio 1, Paula said: "I informed my employer that I was going to be a witness in a trial (and) the trial would take approximately three weeks. When I sought leave from my job I was informed all I was entitled to was annual leave or unpaid leave, that there was nothing in law to protect me as a witness." Witnesses are entitled to be paid by their employer on days they are on the stand, which would typically be a day or two. However, Paula said she was "completely committed to the process" from the beginning and felt the need to be there for the full trial. She continued: "Jury members are entitled to be paid by their employers. I feel that something needs to change, that witnesses are also doing their civic duty." The sisters, whose other brother Bernard had been jailed earlier this year for four and half years for 11 counts of indecent assault, would also like to see legislative changes when it comes to historic sexual abuse cases. Catherine said while she was treated well while taking the stand at the Central Criminal Court and believes the judge did all he could when it came to sentencing, the law has failed them. She said: "I think Irish courts seem to have broad discretion over such cases as ours and lenient sentences, especially in historical sexual abuse cases are sometimes justified on the basis of remorse and time elapsed. "One of the things I find disturbing is the offender's recent good character provided by family and friends, who only know what that person allows them to know. In terms of reform I would love to see an introduction of mandatory binding sentencing guidelines that treat sexual abuse and rape as serious offences regardless of the time elapsed and create a statutory offence under sexual assault for sibling sexual abuse." 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 Richard, 64, pleaded guilty during his trial to raping and indecently assaulting Paula when she was between 15 and 17 years old. He also pleaded guilty to raping and indecently assaulting Catherine when she was between nine and 13 years old and indecently assaulting a third sister, Yvonne Crist, when she was 20. The former priest changed his plea deal after all three sisters had given evidence and Paula and Yvonne were cross-examined. Catherine continued: "I think they need to disallow mitigation based solely on family support and the lack of other convictions because these predatory urges don't just magically disappear, especially when there is no intervention and decades of denial of abuse are present, which was up until the end with Richard. "They also need to clarify in legislation that delayed disclosure due to trauma and family pressure are not grounds for leniency because the seriousness of the offences does not diminish with time so the law should reflect the continuing harm." Get all the big crime and court stories direct to your phone on our new WhatsApp service. Sign up here.
RTÉ News
6 hours ago
- RTÉ News
Sisters urge DPP to appeal brother's 'lenient' rape sentence
The sisters of a former priest who was convicted of their rape and jailed for eight years have called for the Director of Public Prosecutions to appeal the sentence. Earlier this month, Richard Brennan, aged 64, who is originally from Rathfarnham but had been working in the United States, pleaded guilty during his trial to raping and indecently assaulting his sister Paula Fay when she was between 15 and 17 years old. He also pleaded guilty to raping and indecently assaulting Catherine Wrightstone when she was between nine and 13 years old and he admitted indecently assaulting a third sister, Yvonne Crist, when she was 20 and he was 18. He changed his plea to guilty after all three of the sisters had given evidence at the Central Criminal Court and two of them had been cross-examined. The judge imposed a global sentence of nine years and suspended the final year. An older brother, 67-year-old Bernard Brennan, was jailed last month for four and a half years for the sexual abuse of Ms Crist and Ms Fay. Speaking on RTÉ's Oliver Callan programme, Ms Fay and Ms Wrightstone also called for reforms to how cases of historical sexual abuse are handled and for witnesses to get paid time off work to attend court, similar to jurors. "I think Irish courts seem to have broad discretion over such cases as ours, and lenient sentences, especially in historical sexual abuse cases, are sometimes justified on the basis of remorse, time elapsed and, one of the things I find a little bit disturbing, is the offenders recent good character as stated in character references provided by family and friends who only know what that person allows them to know," Ms Wrightstone said. She added: "So, in terms of reform, I would love to see the introduction of mandatory, binding, sentencing guidelines that treat sexual abuse and rape as serious offences regardless of the time elapsed. "And create a statutory offence under sexual assault for sibling sexual abuse." Ms Wrightstone also called for mitigation based solely on family support and a lack of other convictions to be disallowed. "These predatory urges don't just magically disappear, especially when there is no intervention and when decades of denial of abuse by the perpetrator are present, which was the case with Richard. It was denial right up until the very end," she said. "I would also love to see them issue judicial training directives and case law clarification, via statute, that family support must not be considered a mitigating factor unless requested by the survivor," she added. Ms Wrightstone said any updated legislation must clarify that delayed disclosure of offences due to trauma and family pressure do not lead to more lenient sentencing. "The seriousness of the offences does not diminish over time. The law should reflect the continuing harm." She said it was also important for the voices of survivors to be included when "shaping policy", along with mandatory consecutive sentences for multiple victims and mandatory training for judges regarding sibling sexual abuse cases. Ms Fay said it was vital for witnesses to be entitled to paid time off work for the duration of a trial they are involved in, particularly in a trial of this nature. "When I sought leave from my job, I was informed all I was entitled to was to either take annual leave or unpaid leave. That there was nothing in law to protect me as a witness," she said. Witnesses are entitled to paid leave for the day they are testifying but not for the whole trial. "I was completely committed to this process from the very beginning, and I feel that we need to be treated differently," Ms Fay said. She added: "I know that jury members are entitled to be paid through their employment when they're on a jury, for the entire trial, and I feel that something needs to change that a witness is also doing their civic duty. I feel it is exactly the same."
Sunday World
20 hours ago
- Sunday World
Former garda who incited men to rape colleague in her home jailed for seven years
'UNSPEAKABLE ACTS' | Flanagan pleaded guilty to two counts of inciting two men to rape the woman on dates between November and December 2020 Shane Flanagan Shane Flanagan (39), with an address in Co. Clare, impersonated the woman on a fetish website and on Facebook and engaged in graphic online discussions with users of these sites about sexual violence, rape, cannibalism, torture and physical violence. He also shared the woman's personal information including her address, photos of her and her daughters and screenshots from the Strava app, showing her running route. Flanagan pleaded guilty to two counts of inciting two men to rape the woman on dates between November and December 2020. He further pleaded guilty to six counts of endangering the woman and her daughters between 2018 and 2020, and to one count of possession of four images of child sexual abuse material, known in law as child pornography, on January 7, 2021. He has no previous convictions. Imposing sentence at the Central Criminal Court today, Ms Justice Eileen Creedon said Flanagan's offending showed a 'breath-taking disregard' for the safety of the injured parties and that he would have been 'more alive to these dangers' due to his background as a garda. She imposed a sentence of eight years with the final 12 months suspended on strict conditions for three years. Shane Flanagan News in 90 Seconds - Tuesday, July 29 The judge said that 'extremely graphic and disturbing' online conversations had been outlined to the court. She said the offending was an 'egregious breach of trust' which betrayed years of friendship and placed the woman and her daughters in physical danger. 'Thankfully no acts of violence took place,' she said. Ms Justice Creedon noted that the offending was 'not a short lapse of judgement', but occurred over a period of several years. She said the offending was 'cold', 'calculated' and 'motivated by satisfying his own sexual interests and gratification'. The judge set a headline sentence of 10 years in relation to the incitement of rape charges, then said the court had considered the mitigation including Flanagan's guilty pleas. She imposed concurrent sentences of six years on the endangerment charges and three years on the charge of possession of child sexual abuse material. Read more Having imposed sentence, Ms Justice Creedon directed Flanagan to place himself under the supervision of the Probation Service following his release and she backdated the sentence to June 30 last, when he went into custody. Breffni Gordon BL, defending, told the court that his client has been 'quite distressed' since the last hearing and was recently an inpatient at a psychiatric hospital. He asked the court to recommend his client receive appropriate psychiatric care, particularly during the initial phase of his sentence. Ms Justice Creedon agreed to make this recommendation. The court was previously told that the woman wishes to retain her anonymity, but does not object to Flanagan being identified. Reading her victim impact statement at an earlier sentence hearing, the woman said Flanagan was a fellow garda who was supposed to uphold the same professional values. She said he was someone she had trusted and called a friend. She said he not only betrayed her, but took her career. She said Flanagan 'plotted' to have her and her daughters attacked, and that he 'planned for men to find us and carry out unspeakable acts of violence'. She said this was a 'betrayal beyond words', that she no longer feels safe in her own home and her trust in others has been damaged. She said no sentence could undo the harm caused and told the court this was not just a 'betrayal of friendship' but a 'calculated predatory act of violence that has left lifelong scars' for her and her daughters. Detective Garda Paul English previously told Anne-Marie Lawlor SC, prosecuting, that the woman and Flanagan were friends and there had never been any romantic or sexual history between them. He said the woman was extremely shocked to find out that Flanagan was the one who had been impersonating her online. 'If you gave me a list of 500 names of people that could have done this to me, I would never have guessed it was him,' the woman told the investigation. The court heard that the woman became aware that someone was using her image on a fetish website, after a user of that website contacted her on her genuine Facebook page in 2020. In December 2020, she created an account on Fetlife and, while pretending to be male, interacted with the user pretending to be her who shared her personal information. The woman then made a complaint to gardai. Evidence was heard of an extensive investigation, which connected the Fetlife account impersonating the woman to Flanagan. His home was searched on January 17, 2021, and items included a phone and laptop was seized. Flanagan provided passwords for these devices and for an email address. The investigation found that Flanagan had created a false Facebook account in the name of 'Laura O'Riordan', using the injured party's information. Det Sgt English told the court that hundreds of images of the woman, including 219 doctored ones were found as part of the search. Four images of child sexual abuse material were found on the laptop. Two of the users of who interacted with Flanagan provided statements to gardai. Flanagan incited them to break into the woman's house and rape her. Both genuinely believed they were talking to a woman who had a fetish for 'CNC' or consensual non consent. These situations involve one party, typically female, agreeing for another party to carry out a rape at an agreed location. Ms Lawlor told the court these men believed they were speaking to the woman, who was agreeing to them individually coming to her home to rape her and which she had consented to in advance. Details of these sexually graphic conversations were read to the court. One of these men, who lives in the UK, told gardai that this person must 'really hate' the victim to go to these lengths. In a victim impact statement, the woman's older daughter said Flanagan had been a family friend for a long time and she now looks back on past events wondering if she missed any signs. She said she experienced a loss of trust in others and spoke of the impact of this going on in the background while attending school. She also spoke of experiencing nightmares and noted that her mother had tried to protect them from finding out what had happened for as long as possible. Flanagan was interviewed six times in February 2022. He made some admissions, including to owning the devices. He confirmed knowing the woman and when material was put to him replied 'everything you've shown me there, that was me'. He apologised to the woman and admitted communicating with between 20 and 30 individuals while pretending to be the woman. He described it as 'harmless roleplay'. Det Sgt English agreed with Padraig Dwyer SC, defending, that his client retired from the gardai in March this year and had an 'unblemished' record of service. Testimonials from family members, probation and psychological reports were handed to the court. Mr Dwyer read a letter of apology from his client to the court. Flanagan said he felt 'deep guilt, shame' and understands now that 'I did not just cause fear, I destroyed a sense of fear, dignity and trust' and stole the victims' peace of mind. He said 'this has been a sobering and painful experience for me' and that he is seeking help to address his issues. Defence counsel asked the court to take into account his client's guilty pleas, the contents of the reports and that his time in custody will be more onerous as he was a garda. Flanagan was suspended from the force in 2021, retiring in March this year. Mr Dwyer noted the reports refer to his client suffering with suicidal ideation. His client is assessed at low to medium risk of re-offending. Counsel said a protective factor is 'the absence of hostility to women' and his client's actions appeared 'rooted in imagination or fantasy, not reality', though in this case, the actions 'did translate into more than just a fantasy'. Flanagan pleaded guilty to two counts of inciting two men to rape the woman on dates between November and December 2020. He also pleaded guilty to six counts of endangerment, in that he intentionally or recklessly engaged in impersonating the woman in Facebook communications, and on the website and in which communications invited persons unknown to visit violence upon her and two others, thereby creating a substantial risk of death or serious harm on dates between 2018 and 2020. Flanagan also pleaded guilty to one count of possession of four images of child sexual abuse material, known in law as child pornography, on January 7, 2021.
The Irish Sun
a day ago
- The Irish Sun
Former Irish sports figure accused of historical sex abuse offences served book of evidence and sent forward for trial
A FORMER Irish sports figure accused of historical sex abuse offences was served with a book of evidence and sent forward for trial to the Central Criminal Court. The man, who cannot be named due to the nature of the charges, is in his seventies and Advertisement 2 Judge Michele Finan granted a return for trial order Credit: HANDOUT PR IMAGE Judge Michele Finan at He told the court that the Director of Public Prosecutions consented to being sent forward on indictment on the 79 charges in the book of evidence served by They include 78 counts of indecent assault and one count of attempted rape. The offences allegedly occurred at various locations in Co Dublin, including Dún Laoghaire, Killiney, and Blackrock, between 1971 and 1981. Advertisement Read more in News At the time, the girls were minors aged between eight and fifteen. The man was extradited from the Judge Finan notified the man that he must inform the prosecution within 14 days if he intends to use an alibi in his trial. She also ordered investigating gardaí to provide copies of interview videos to the defence and told the accused that his lawyer would explain it to him later. Advertisement Most read in Irish News The man, who has not yet entered a plea, was remanded in continuing custody pending trial with no bail application made. Legal aid has been granted, with the defence stating that he is not working and has no assets. DATE YET TO BE SET The judge noted that there was no Garda objection, and she agreed to a request by his solicitor, Tracy Horan, that it would include senior and junior counsel representation. The date for his next hearing before the Central Criminal Court has yet to be set but will be held the next legal term, commencing in October. Advertisement Dressed in a grey tracksuit and black runners, the man sat silently in a wheelchair and spoke only to consult with his solicitor, who asked that he get dental attention in custody, because he still had no dentures and "is not able to eat solid foods". Following extradition proceedings at the request of the Irish authorities, he was arrested at Terminal 2, Dublin Airport on the morning of July 22. CHARGES FACED Gardaí charged him on the instruction of the DPP. He faces 41 counts of indecent assault and one for attempted rape of one of the complainants, 34 counts of indecent assault of another female, two counts of indecent assault of another complainant, and one charge of indecent assault of the fourth. Advertisement The offences are contrary to Common Law. At his first hearing, a few hours after his arrest, the defence solicitor had informed the judge that her client required medical assistance in custody because he had no dentures or hearing aid, as they had not been brought over from the United States. The judge had noted this information and agreed to add that he should urgently get dentures and a hearing aid in custody. When the proceedings resumed today, she heard that the man still had no dentures and recommended that he get the appropriate treatment. Advertisement 2 A former Irish sports figure accused of historical sex abuse has been sent forward for trial to the Central Criminal Court Credit: Crispin Rodwell - The Sun Dublin
