News
Man pleads guilty to the defilement of a child
The case of a 22-year-old married man who pleaded guilty to having sex in a fast-food restaurant toilet with an underage schoolgirl three years ago may now become a test case following the intervention of the Rape Crisis Centre.
The man, who cannot be named in order to protect the identity of the victim, pleaded guilty to defilement of a child aged under 17 years of age, when he appeared before Galway Circuit Criminal Court last year.
The plea was accepted by the prosecution at the time.
He was placed under the supervision of the probation service for a year and the matter was adjourned to last week for up-to-date reports on him and on the victim.
Detective Sgt Willie Beirne told the sentence hearing in March 2014 that the girl made a complaint to Gardai that she had been sexually assaulted by the accused in a toilet in McDonald’s in Shop Street on April 8, 2012.
She was 16 years old at the time and was very distressed by what had happened.
She said she met the accused while drinking in Eyre Square with friends and he tried to lure her down an alleyway but she refused to go with him. He then followed her down Shop Street and into the toilet in McDonald’s where, she said, she allowed him kiss her.
She said he then followed her into the cubicle and she shouted for help but he told her to shut up before having sex with her.
The accused was arrested a short time later and denied any involvement.
However, in a second interview he claimed they had had consensual sex. He claimed he thought she was 17 or 18 and when told she was 16, he denied having sex with her at all.
Sgt Beirne said the girl was in secondary school at the time and had very little parental support. He read out a victim impact statement on behalf of the girl who was present in court with a friend.
In her statement, the girl said she had been diagnosed with post traumatic stress disorder as a result of the sexual assault. She was very distressed and upset and was still afraid to come into the city for fear of meeting her assailant.
She became severely depressed after the attack and took an overdose.
Her counsellor said at the time that even with counselling, she would continue to suffer well into the future.
Sgt Beirne said the accused had been living in a hostel at the time and was hanging around the streets. He had eight previous convictions for public order offences, burglary, possession of knives and for thefts.
Mr Paul Flannery SC, defending, said last year that his client was now married with one child. He asked for sentence to be deferred.
In light of a positive probation report on the accused last year and on the recommendation of the probation service, Judge Rory McCabe adjourned sentence for a year and placed the accused under the supervision of the service in the interim.
However, a letter handed into court last week from the Rape Crisis Centre and an up-to-date probation report on the accused changed the complexion of the case for Judge McCabe.
While the contents of the letter and the report were not revealed in open court, Judge McCabe said he could not finalise sentence after reading the documents.
Sgt Willie Byrne confirmed to the judge that the girl had attended one appointment at the Rape Crisis Centre but was unable to continue with counselling.
“She is still severely traumatised by what happened to her and she’s still in a very bad place,” he said.
Recalling the evidence at the initial hearing last year, Mr Flannery said it had been the girl’s case in the Book of Evidence that she felt she had been raped.
However, the video evidence from the toilet area (outside the cubicle), he said, showed a different scenario and based on that it was agreed last year between the prosecution and the defence that his client would plead guilty to having sex with an underage girl and that was accepted by the prosecution.
There was no suggestion at the time, he said, that his client had raped the girl and his client had said it was consensual.
Mr Flannery said that in light of the developments (contained in the letter from the Rape Crisis Centre regarding the victim), he found himself at a disadvantage because he was now faced with evidence that put a different ‘colour’ on the case; something that had been taken out of the equation at the start by agreement with the prosecution.
Adjourning sentence to November, Judge McCabe said an unrelated issue had been raised in the accused man’s probation report and that, coupled with the most recent letter from the Rape Crisis Centre, which, he said, was “an opening gambit in what might be a test case down the road” meant he could not finalise the matter just yet.
The judge said that now that the game had commenced, he believed the issues raised in the most recent documents before the court had to “play out” first before justice could take its course in November.
Significant state investment is required to address ‘shocking’ inequalities that leave cancer patients in the West at greater risk of succumbing to the disease.
A meeting of Regional Health Forum West heard that survival rates for breast, lung and colorectal cancers than the national average, and with the most deprived quintile of the population, the West’s residents faced poorer outcomes from a cancer diagnosis.
For breast cancer patients, the five-year survival rate was 80% in the West versus 85% nationally; for lung cancer patients it was 16.7% in the west against a 19.5% national survival rate; and in the West’s colorectal cancer patients, there was a 62.6% survival rate where the national average was 63.1%.
These startling statistics were provided in answer to a question from Ballinasloe-based Cllr Evelyn Parsons (Ind) who said it was yet another reminder that cancer treatment infrastructure in the West was in dire need of improvement.
“The situation is pretty stark. In the Western Regional Health Forum area, we have the highest incidence of deprivation and the highest health inequalities because of that – we have the highest incidences of cancer nationally because of that,” said Cllr Parsons, who is also a general practitioner.
In details provided by CEO of Saolta Health Care Group, which operates Galway’s hospitals, it was stated that a number of factors were impacting on patient outcomes.
Get the full story in this week’s Connacht Tribune, on sale in shops now, or you can download the digital edition from www.connachttribune.ie. You can also download our Connacht Tribune App from Apple’s App Store or get the Android Version from Google Play.
On the eve of completing his 150th marathon, an odyssey that has taken him across 53 countries, Loughrea’s Marathon Man has announced that he is planning to hang up his running shoes.
But not before Jarlath Fitzgerald completes another ten races, making it 160 marathons on the occasion of his 60th birthday.
“I want to draw the line in 2026. I turn 57 in October and when I reach 60 it’s the finishing line. The longer races are taking it out of me. I did 20 miles there two weeks ago and didn’t feel good. It’s getting harder,” he reveals.
“I’ve arthritis in both hips and there’s wear and tear in the knees.”
We speak as he is about to head out for a run before his shift in Supervalu Loughrea. Despite his physical complaints, he still clocks up 30 miles every second week and generally runs four days a week.
Jarlath receives injections to his left hip to keep the pain at bay while running on the road.
To give his joints a break, during the winter he runs cross country and often does a five-mile trek around Kylebrack Wood.
He is planning on running his 150th marathon in Cork on June 4, where a group of 20 made up of work colleagues, friends and running mates from Loughrea Athletics Club will join him.
Some are doing the 10k, others are doing the half marathon, but all will be there on the finishing line to cheer him on in the phenomenal achievement.
Get the full story in this week’s Connacht Tribune, on sale in shops now, or you can download the digital edition from www.connachttribune.ie. You can also download our Connacht Tribune App from Apple’s App Store or get the Android Version from Google Play.
From the Galway City Tribune – An impassioned plea for a ‘masterplan’ that would guide Galway City into the future has been made in the Dáil. Galway West TD Catherine Connolly stated this week that there needed to be an all-inclusive approach with “vision and leadership” in order to build a sustainable city.
Deputy Connolly spoke at length at the crisis surrounding traffic and housing in Galway city and said that not all of the blame could be laid at the door of the local authority.
She said that her preference would be the provision of light rail as the main form of public transport, but that this would have to be driven by the government.
“I sat on the local council for 17 years and despaired at all of the solutions going down one road, metaphorically and literally. In 2005 we put Park & Ride into the development plan, but that has not been rolled out. A 2016 transport strategy was outdated at the time and still has not been updated.
“Due to the housing crisis in the city, a task force was set up in 2019. Not a single report or analysis has been published on the cause of the crisis,” added Deputy Connolly.
She then referred to a report from the Land Development Agency (LDA) that identified lands suitable for the provision of housing. But she said that two-thirds of these had significant problems and a large portion was in Merlin Park University Hospital which, she said, would never have housing built on it.
In response, Minister Simon Harris spoke of the continuing job investment in the city and also in higher education, which is his portfolio.
But turning his attention to traffic congestion, he accepted that there were “real issues” when it came to transport, mobility and accessibility around Galway.
“We share the view that we need a Park & Ride facility and I understand there are also Bus Connects plans.
“I also suggest that the City Council reflect on her comments. I am proud to be in a Government that is providing unparalleled levels of investment to local authorities and unparalleled opportunities for local authorities to draw down,” he said.
Then Minister Harris referred to the controversial Galway City Outer Ring Road which he said was “struck down by An Bord Pleanála”, despite a lot of energy having been put into that project.
However, Deputy Connolly picked up on this and pointed out that An Bord Pleanála did not say ‘No’ to the ring road.
“The High Court said ‘No’ to the ring road because An Bord Pleanála acknowledged it failed utterly to consider climate change and our climate change obligations.
“That tells us something about An Bord Pleanála and the management that submitted such a plan.”
In the end, Minister Harris agreed that there needed to be a masterplan for Galway City.
“I suggest it is for the local authority to come up with a vision and then work with the Government to try to fund and implement that.”
Families queue up for school’s offer of free house
West has lower cancer survival rates than rest
Galway minors continue to lay waste to all opponents
Gardaí and IFA issue a joint appeal on summer road safety
Marathon Man plans to call a halt – but not before he hits 160 races
