Two Laois brothers have been jailed for three years for raping a woman in a hotel, despite claims by prosecution witness that he was put under pressure by gardaí when making his statement.
Eamonn (aged 33) of Dunamaise, Stradbally and Seamie Flanagan (aged 40) of Ashley Gardens, Portlaoise continue to deny the offences and have not shown remorse. Mr Justice Garrett Sheehan said because of this he could not impose a non-custodial sentence.
The judge said that Irish prisons conditions are overcrowded and “in some cases an affront to human dignity.” Despite this, he imposed three year terms on each man and ordered they be registered as sex offenders.
At a hearing last Monday, defence counsel for Seamie, Ms Pauline Walley SC, said a prosecution witness has since claimed he was put under pressure by gardaí to say he saw the men at the door of the room where the rape occurred.
The witness, Mr Daniel Lynch, was a friend of the brothers and had consensual sex with the woman shortly before they are accused of raping her. No DNA from the brothers was found on the woman and CCTV footage showed the rapes occurred in less than three minutes. DNA from the sexual encounter with Mr Lynch was found on her
Following the men’s convictions Mr Lynch claimed that during the investigation he was put under pressure by gardaí to make a statement saying the brothers were at the hotel room door when he was leaving. He said this happened in a garda car, parked at the petrol station in Laois.
Ms Walley said when the DPP learned of the allegation, he ordered a report be prepared. She said Mr Lynch was interviewed again and raised doubts that the men were ever in the room with the woman. He also alleged impropriety by the investigating gardaí.
Mr Walley said there are “too many troubling aspects to the case” to allow sentencing continue. She said the defence have not been given the DPP’s report as the prosecution claim privilege over it.
“That must be the most fundamental denial of fair procedure”, she told Mr Justice Sheehan.
She also pointed to the facts of the case, saying that the most “startling aspect is that whole incident is supposed to have taken place in two minutes with no DNA left behind.”
Prosecution counsel, Mr Paul Coffey SC, replied that Ms Walley’s points are for the Court of Criminal Appeal and that there is no reason to adjourn sentencing. Mr Justice Sheehan agreed and said the defence issues may be for the CCA but not for the sentencing judge.
Eamonn (aged 33) of Dunamaise, Stradbally and Seamie Flanagan (aged 40) of Ashley Gardens, Portlaoise continue to deny the offences and have not shown remorse. Mr Justice Garrett Sheehan said because of this he could not impose a non-custodial sentence.
The judge said that Irish prisons conditions are overcrowded and “in some cases an affront to human dignity.” Despite this, he imposed three year terms on each man and ordered they be registered as sex offenders.
At a hearing last Monday, defence counsel for Seamie, Ms Pauline Walley SC, said a prosecution witness has since claimed he was put under pressure by gardaí to say he saw the men at the door of the room where the rape occurred.
The witness, Mr Daniel Lynch, was a friend of the brothers and had consensual sex with the woman shortly before they are accused of raping her. No DNA from the brothers was found on the woman and CCTV footage showed the rapes occurred in less than three minutes. DNA from the sexual encounter with Mr Lynch was found on her
Following the men’s convictions Mr Lynch claimed that during the investigation he was put under pressure by gardaí to make a statement saying the brothers were at the hotel room door when he was leaving. He said this happened in a garda car, parked at the petrol station in Laois.
Ms Walley said when the DPP learned of the allegation, he ordered a report be prepared. She said Mr Lynch was interviewed again and raised doubts that the men were ever in the room with the woman. He also alleged impropriety by the investigating gardaí.
Mr Walley said there are “too many troubling aspects to the case” to allow sentencing continue. She said the defence have not been given the DPP’s report as the prosecution claim privilege over it.
“That must be the most fundamental denial of fair procedure”, she told Mr Justice Sheehan.
She also pointed to the facts of the case, saying that the most “startling aspect is that whole incident is supposed to have taken place in two minutes with no DNA left behind.”
Prosecution counsel, Mr Paul Coffey SC, replied that Ms Walley’s points are for the Court of Criminal Appeal and that there is no reason to adjourn sentencing. Mr Justice Sheehan agreed and said the defence issues may be for the CCA but not for the sentencing judge.
