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Irish Times
7 days ago
- Irish Times
‘Honest belief' of consent raised in pair's appeals against convictions for rape of vulnerable teenager
Two of three men jailed for the gang rape of a vulnerable teenager who had recently left State care have launched appeals against their convictions, arguing issues of consent were relevant during their trial. At the Court of Appeal on Thursday, counsel for Dion Genockey (26) argued the trial judge should have advised the jury his client may have had reasons for not mentioning to gardaí that he believed the victim had given her consent. On behalf of Daryl Rooney (27), it was argued he was not aware the woman had not given her consent. Genockey, of Clarion Quay Apartments, and Rooney, of Railway Street, Dublin city centre, were convicted of raping the woman at Bull Island, Dollymount, Dublin, on January 5th, 2016. READ MORE The convictions came in 2022 following a second trial at the Central Criminal Court. The jury in the first trial, held in 2020, was unable to reach a verdict. Genockey was sentenced to nine years in prison, while Rooney was sentenced to 10 years. A third accused, Troy Ryan, of Lower Gardiner Street, Dublin city centre, was also convicted and sentenced to 9½ years. The sentencing court heard the men maintain their innocence and do not accept the jury's verdict. Genockey's senior counsel, Thomas O'Malley, said his client had given evidence at the trial that the complainant had consented, but he had not mentioned this in interviews with gardaí. Mr O'Malleysaid Genockey was advised by his father not to mention anything to gardaí, which in this case turned out to be his defence. Counsel submitted that the trial judge ought to have told the jury they must consider the possibility that Genockey may have had reasons for not mentioning to gardaí that he believed the woman had consented. Senior counsel for Rooney, Dominic McGinn, said that, to achieve a rape conviction, the prosecution must prove the act, the absence of consent and that the accused knows there is an absence of consent. In this case, said counsel, the third aspect was lacking. Mr McGinn said the complainant said she was not interested in sexual activity, but when Rooney was alone with her in the car, she did not say anything. Ms Justice Isobel Kennedy said that while he was relying on the defence of 'honest belief' of consent, this belief must be founded in reality. 'Where is the counter evidence? The evidence was all going the one way, as she said she did not consent,' said Ms Justice Kennedy. Mr McGinn said the complainant had changed her mind about getting into the car with the men, which made Rooney 'alive to the fact she was a young woman who could change her mind'. 'By the time he got into the car, he knew two others had had sexual relations with her,' said Mr McGinn. He said that in her evidence, the complainant said she made it clear to the first two men that she was not consenting, but Rooney was not aware of that. On behalf of the State, senior counsel Eilis Brennan said the prosecution had argued that this was a very vulnerable woman addicted to tablets and was targeted by the men. They lured her away in a car, even though she told them she did not want to have sex, and took her to a remote location. Addressing Rooney's claim he did not know the woman did not consent, Ms Brennan said 'honest belief' of consent is subjective, but there must be some reality to it. She said there was ample evidence for the matter to go to a jury. Mr Justice Patrick McCarthy, presiding over the three-judge court, said the court would deliver its judgment at a later date.
BreakingNews.ie
7 days ago
- BreakingNews.ie
Two gang rapists argue issues of consent in conviction appeals
Two of three men jailed for the gang rape of a vulnerable teenager who had recently left State care have launched appeals against their convictions, arguing issues of consent were relevant during their trial. At the Court of Appeal on Thursday, counsel for Dion Genockey (26) argued that the trial judge should have advised the jury that the appellant may have had reasons for not mentioning to gardaí that he believed the victim had given her consent. Advertisement Counsel for Daryl Rooney (27), meanwhile, argued that the appellant was not aware that the woman had not given her consent. Genockey, of Clarion Quay Apartments, and Rooney, of Railway Street, Dublin City Centre, were convicted of raping the woman at Bull Island, Dollymount, Dublin, on January 5th, 2016, following a second trial at the Central Criminal Court in March 2022. The jury in the first trial, which was held in 2020, was unable to reach a verdict. Genockey was sentenced to nine years by Mr Justice David Keane while Rooney was sentenced to 10 years. Advertisement A third accused, Troy Ryan of Lower Gardiner Street, Dublin City Centre, was also convicted and sentenced to nine and a half years. The sentencing court heard none of the men accepted the verdict of the jury and maintained their innocence. Launching an appeal against conviction, counsel for Genockey, Thomas O'Malley SC said that his client had given evidence during the trial that there was consent on the part of the complainant, but he had not mentioned this in his interviews with gardaí. Mr O'Malley referenced section 19A of the Criminal Justice Act 1984, which states that if a person charged with an offence fails to mention any fact relied on in their defence, being a fact which in the circumstances called for an explanation when questioned, then the court may draw inferences from this failure, and the failure may be treated as capable of amounting to corroboration of evidence. Advertisement Mr O'Malley said that one factor to be considered is the circumstances the accused person finds themself in. He said that Genockey was advised by his father not to mention anything to gardaí, which in this case turned out to be his defence. Mr O'Malley went on to say that his client had a difficult relationship with one of the gardaí, who had allegedly called the appellant 'a rapist'. Given the appellant's age at the time and the fact he was under the influence of his father, these were factors to be taken into account when interpreting section 19A, said Mr O'Malley. Counsel submitted that the trial judge ought to have said to the jury that they had to consider the possibility that Genockey may have had reasons for not mentioning to gardaí that he believed the woman had consented. Advertisement Counsel for Rooney, Dominic McGinn SC said that for a rape conviction, the prosecution must prove the act, the absence of consent, and the fact that the accused person knows there is an absence of consent. In this case, said counsel, the third aspect was lacking. Mr McGinn said that the complainant said she was not interested in sexual activity, but when Rooney was alone with her in the car, she did not say anything. Ms Justice Isobel Kennedy said that while the defence was relying on an honest belief, this belief must be founded in reality. 'Where is the counter evidence? The evidence was all going the one way, as she said she did not consent,' said Ms Justice Kennedy. Advertisement Mr McGinn replied that the complainant had changed her mind about getting into the car with the men, which made Rooney 'alive to the fact she was a young woman who could change her mind'. 'By time he got into the car, he knew two others had had sexual relations with her,' said Mr McGinn. He said that in her evidence, the complainant said she made it clear to the first two men that she was not consenting, but Rooney was not aware of that. He said that by the time Rooney got into the car, he was handed a prophylactic by one of the others, while the woman did not say anything, so he was not aware that she was not consenting. On behalf of the State, Eilis Brennan SC pointed out that it was the prosecution case that this was a very vulnerable lady addicted to tablets, who was targeted by the men. They lured her away in a car, even though she told them she did not want to have sex, and took her to a remote location. She said it was the defence case that the complainant approached the men, that she had lubrication, that she wanted to stay in their house, and she consented to having sex. Ms Brennan said this was an issue to go to the jury. Concerning Rooney's claim that he did not know the woman had not consented, Ms Brennan said that an honest belief is subjective, but there must be some reality to it, so there was ample evidence for the matter to go to a jury. Concerning Mr O'Malley's submission on the section 19A matter, Ms Brennan said the trial judge was very careful on this issue. She said the jury was told to look into all the facts, including Genockey's age, the fact that he was with his father, and the fact that he hated one of the gardaí. She said the trial judge linked his failure to mention his defence to these facts, so the judge's direction to the jury was impeccable. Mr Justice Patrick McCarthy, presiding over the three-judge court, said the court would reserve judgement in the case. During the men's trial, evidence was heard that on the day in question, the young woman, who had recently left State care, travelled to Dublin to meet with friends. Later that evening, she purchased some Xanax pills and then went to an internet cafe. While there, she was approached by a boy and told that the three teenagers, who she had never met before, wanted to talk to her. The men told her they wanted to bring her for a 'quick spin'. The woman initially declined but eventually agreed and left the cafe with Ryan and Rooney to get into a car outside, which was driven by Genockey. The men drove out to Clontarf and down to the end of the wooden bridge at Dollymount Strand where they stopped by a shelter. Genockey then asked the woman: 'Are we going to have some fun?' The woman replied no, she didn't want to and had only wanted to go for a short drive, but the men were 'refusing to listen', the court heard. Genockey and Rooney got out of the car and stood in the shelter while Ryan produced a condom from a stash in the glove box of the car and proceeded to rape the woman. When he was finished, Genockey got in and put a condom on. Genockey tried to 'sweet talk' the woman, the court heard and said he wasn't going to hurt her, before he proceeded to rape her. Ireland Man (28) jailed after being caught with €300k wort... Read More Genockey then handed a condom to Rooney who raped the woman. At this stage, the woman 'didn't even get a chance to say no'. It was 'three against one' and she didn't have a choice, the court heard. The trial heard her door had a child lock on it and she could not get out of the car. The woman was told another person was going to pick her up and bring her home and the men left the scene quickly. Another car arrived containing three men and she was raped by two of the men in this car. She said that the men all got into the car afterwards, laughed and drove away, leaving her in the middle of nowhere. 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.
National Post
27-06-2025
- Sport
- National Post
Toronto Sceptres draft night trade brings Ella Shelton back to plenty of familiarity
The newest veteran defender on the Toronto Sceptres looked down at the colours and crest on the jersey she was wearing and wondered aloud how long it was going to take to get used to them. Article content But the colours are going to be the only uncomfortable thing for Ella Shelton as she makes the move from the New York Sirens to the Sceptres. Article content Article content Shelton, 27, was acquired on draft night for the Sceptres third-overall pick and their third-rounder, 27 th overall. Article content It brings the Ingersoll native back to some familiar company in national team GM Gina Kingsbury, head coach Troy Ryan and players like Renata Fast, Blayre Turnbull, Emma Maltais and Natalie Spooner, who Shelton has shared plenty of days and nights with during the international portion of her career. Three world championship gold medals and an Olympic gold medal are just some of the spoils from playing with that group. Article content On top of that familiarity, she's now just a two-hour drive from the family farm, is back living in the same city with one of her brothers and has an extensive family support system throughout the area from Toronto all the way back to the family home in Ingersoll. Article content Article content Shelton learned of the deal just before Cassie Campbell took to the stage at the brand new Hard Rock Hotel and Casino on the outskirts of Ottawa early on draft night and drew gasps from the crowd with the news that Shelton had just become a member of the Sceptres. Article content The gasps may have also been about New York earning the right to claim the top two forwards in the draft after adding Patty Kazmaier winner Casey O'Brien with the third pick after selecting the imposing Kristyna Kaltounkova with the night's first pick. Article content Article content All Shelton needed to see was the joy in the faces of the veteran Sceptres in the crowd as the cameras panned to them to know she was going to be very happy with the deal. Article content Article content 'I think it's really exciting to be back home,' Shelton said Friday while surrounded by microphones and cameras in the Sceptres locker room. 'I wouldn't trade my two years in New York for anything. I think they have done a lot for me there, too, but I'm excited for a new opportunity and a new space and see what I can do for Toronto.' Article content In joining Toronto, Shelton becomes a teammate of the player she most models her game after in Fast, the newly minted PWHL defender of the year. Article content 'I can't say enough good things about Renata Fast,' Shelton said. 'She is one that took me under her wing when I graduated from college. She was one I could reach out to and ask any question and I didn't feel out of place. And then just seeing her work ethic over the past couple of years has just been tremendous and very motivational for myself.
CTV News
20-05-2025
- Sport
- CTV News
Toronto Sceptres' Troy Ryan named one of PWHL's Coach of the Year finalists
Toronto Sceptres head coach Troy Ryan directs his team as they play the Minnesota Frost in the first period of a PWHL hockey playoff game Sunday, May 11, 2025, in St. Paul, Minn. TORONTO — Montreal Victoire's Kori Cheverie, Ottawa Charge's Carla MacLeod and Toronto Sceptres' Troy Ryan have been named the finalists for the PWHL's coach of the year. Cheverie of New Glasgow, N.S., is a finalist for a second straight year after guiding the Victoire to first place with a 12-7-3-8 record (regulation wins, overtime wins, overtime losses, regulation losses). Montreal held its first-place position since Jan. 29 with an offence that produced the second-most goals (77) and surrendered the fewest (67) in the PWHL. MacLeod of Spruce Grove, Alta., guided Ottawa to its first-ever playoff berth with a 12-4-2-12 record and 44 points. The Charge sealed third place with a 2-1 overtime win over Toronto in the regular-season finale. The Charge's 12 regulation wins tied for the most in the league — four more than their inaugural total — despite having just two players among the PWHL's top 20 scorers. Ryan of Spryfield, N.S., is the reigning coach of the year. The second-place Sceptres (12-3-6-9) tied for the league lead with nine multi-goal wins, matched the longest win streak at six games (Feb. 1-23), and went unbeaten in nine straight (Jan. 25 to Feb. 23) to climb from last place to within two points of first. This report by The Canadian Press was first published May 20, 2025.
CBC
20-05-2025
- Sport
- CBC
Bench bosses of 3 Canadian PWHL teams named coach of the year finalists
Montreal Victoire's Kori Cheverie, Ottawa Charge's Carla MacLeod and Toronto Sceptres' Troy Ryan have been named the finalists for Professional Women's Hockey League coach of the year honours. Cheverie of New Glasgow, N.S., is a finalist for a second straight year after guiding the Victoire to first place with a 12-7-3-8 record (regulation wins, overtime wins, overtime losses, regulation losses). Montreal held its first-place position since Jan. 29 with an offence that produced the second-most goals (77) and surrendered the fewest (67) in the PWHL. MacLeod of Spruce Grove, Alta., guided Ottawa to its first-ever playoff berth with a 12-4-2-12 record and 44 points. The Charge sealed third place with a 2-1 overtime win over Toronto in the regular-season finale. The Charge's 12 regulation wins tied for the most in the league - four more than their inaugural total - despite having just two players among the PWHL's top 20 scorers. Ryan of Spryfield, N.S., is the reigning coach of the year. The second-place Sceptres (12-3-6-9) tied for the league lead with nine multi-goal wins, matched the longest win streak at six games (Feb. 1-23), and went unbeaten in nine straight (Jan. 25 to Feb. 23) to climb from last place to within two points of first.
