09 Aug 2022

Tipperary man, 76, is jailed for raping girl, 6, in his home 40 years ago

Case involved 'severe brutality and unusual cruelty'

Tipperary man, 76, is jailed for raping girl, 6, in his home 40 years ago

A Tipperary man, 76, has been jailed for raping girl, 6, in his home 40 years ago

A North Tipperary man has been jailed by the Central Criminal Court in Dublin for the rape of a six-year-old girl almost 40 years ago.

The man, who is now 76 and suffers from Parkinson’s Disease, pleaded to rape on full facts of two other charges of sexual assault between June 1979 and September 1979.

Mr Justice Michael White sentenced him to six years in prison, but suspended the final four years.

He said that the case had involved severe brutality and unusual cruelty. Judge White said that there had been gratuitous violence that had had a serious impact on the victim. She had suffered serious injuries and that the impact of sexual violence was lifelong.

He stated that in mitigation there had been a full and frank plea. Even if delivered very late it provided significant mitigation.

The man had no previous convictions and because of his serious physical condition, he had lived in a nursing home for the last six years.

Judge White said that even though Colman Cody, SC, for the defence, had sought a fully suspended sentence he could not agree to same.

The headline crime deserved a sentence of nine years.

However he was taking off three years for the plea of guilty and no previous convictions, which left six years of which he was suspending four due to the man’s health.

The sentence will not take effect until a date in June.

Earlier, the court had heard that the girl recalled two occasions when she was in the defendant’s house when he grabbed her and inserted his fingers into her vagina.

On another occasion, she had been playing outside with her sisters and the man grabbed her and brought her into his room and he threw her down on his bed. She started bawling and he started shouting at her get out get out.

The injured party recalled feeling so scared that she ran out the door and went home.

She recalled that during the summer of 1979 she had been in the defendant’s house helping his mother match up socks. She was asked to leave socks into the man’s bedroom. She was told he was home sick from work and she was not to waken him.

However, he woke and she hid under the bed. The man grabbed her by the legs and he pulled her out from under the bed.

He threw her up on to his bed and he held her hands behind her back. Her legs were hanging down over the side of the bed. He then raped her.

She blacked out as if she became unconscious and when she woke, he stopped and he forced her to perform oral sex on him.

The man’s mother came into the room and asked what he had done to the girl. She told him to take her to her own bedroom and she gave her ice-cream, which she vomited back up.

She could hear her sisters playing outside and when they came to ask where she was they were told she had taken ill and that she would come home later.

Her nanny came into the house and there was a lot of shouting in the kitchen before she came into the bedroom and took her home.

When they got home, her nanny took off her clothes and she was covered in blood.

She washed her. She was bruised around her stomach so she wrapped her in elasticised bandages and gave her a thimble of whisky.

When her father came home that night and asked what had happened, her nanny told him that she had fallen off the bike.

Her nanny had been friendly with the man’s mother but they never spoke after the incident and her father closed a gap in the ditch. They were not allowed down to the man’s house.

The court heard that the gardaí made enquiries following the allegations and discovered that the man was living in a nursing home. Though he had Parkinson’s he was mobile and walked with the aid of a stick.

His psychiatrist said he was capable of being interviewed. He was interviewed in October 2017.

The man’s legal representative would not agree to be present unless his client was arrested and the man would not speak to the gardaí unless his legal representative was present.

The DPP decided that the man should be charged. He pleaded guilty to the offences on March 25, 2019.

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