Convicted rapist who threatened to cut off ex-partners fingers launches appeal

A man who left his former partner in terror after threatening to cut off her fingers with a garden secateurs before repeatedly raping her has appealed his conviction, arguing the trial judge failed to adequately explain the defence case to the jury.

The man, who cannot be named to protect the woman’s anonymity, was convicted of two counts of rape, two of oral rape, two of sexual assault and two threats to kill or cause serious harm following a trial before Mr Justice Tony Hunt at the Central Criminal Court sitting in Cork and was jailed for ten years.

At the man's sentence hearing in July 2022, the Cork woman described how she had stayed in a "toxic relationship" for 18 years for the sake of her children who she loves dearly.

After the attack, the injured party fled her home and found rented accommodation but shortly after moving in, the man smashed his way into the property with what she thought was a knife and told her he had paid someone €10,000 to “get rid” of her if he went to prison. He told her this man had a picture of her and knew where she lived and worked.

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The court heard the couple separated in 2019 but remained living together with their children. On the evening of August 2, 2019, the woman had come home from work when the man showed her the secateurs, grabbed her hand and told her that he would cut her fingers off if she didn't do what he said.

The man had a “crazy look” in his eyes and told the woman he was mad enough to cut off her fingers. He ordered her into the bedroom and undressed her before repeatedly raping her. The court heard he only stopped when one of their children arrived home and began shouting to be let in.

At the Court of Appeal today, Padraig Dwyer SC, representing the man, argued the trial judge had erred by neglecting to summarise the evidence in the case and put the defence case to the jury. He said defence counsel had made a submission asking the court to give a synopsis of the defence case but the judge had refused, stating: “No I’m not doing that, that’s counsel’s function”.

Mr Dwyer submitted it was the court’s function to deal with the defence case, however briefly and succinctly, in the interests of basic fairness. He said it was essential that the defence case should have been highlighted to understand the grounds that the defendant may have come to an honest belief that consent was given.

A second ground of appeal advanced was that the judge erred in failing to adequately charge the jury in relation to the doctrine of recent complaint evidence, in regards to the particular facts of the case and the demeanour of the complainant. He said the directions given were “confusing” to the jury and as a result they may not have understood the import of what was being conveyed to them.

Thomas Creed SC, for the DPP, said the defence case in this trial was one of consent or one of honest belief in consent. This was adequately put to the jury, he said, and there had been no error by the judge. Counsel said it was clear that the judge had properly charged the jury regarding the issue of recent complaint evidence.

Mr Justice John Edwards said the court would reserve judgement in the case.

The sentencing hearing was told that after the attack the woman fled her home and spent a few weeks sleeping in hotels and with friends before finding rental accommodation. She did not initially go to gardaí because of how it might affect her children and during that time she said she was afraid to be on the streets.

She said she felt safe for the first time when she found the rented accommodation but a few days after moving in the man smashed his way into the back of the property and came “charging” towards her with what the woman thought was a knife. The knife was a modified nail file. The man told her he had paid a man €10,000 and that he "would get her" if anything happened to him and he went to prison.

He told her this man had a picture of her and knew where she lived and worked and said: “I paid someone €10,000 to get rid of you if anything happens and I went to prison”. The man pleaded guilty to interfering with a witness in a criminal investigation, trespass, assault causing harm, criminal damage and making a threat to kill.

In her victim impact statement, the woman said she was in shock and believed his threats. “It gave me chills to think I had been watched in my home,” she said. The victim said she was terrified of the man because she felt he was capable of anything and she had to close her business of 18 years.

She said she used to be a confident outgoing woman but now still has nightmares of the man cutting her fingers off.

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