Two Kildare men jailed for rape of teenager girl at four different locations in 2020

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By Sonya McLean

A 16-year-old girl who was gang raped by a teenager and his older neighbour has described the men as “the monsters in her dreams”.

Sentencing the men today, Mr Justice Paul McDermott said the woman was clearly a vulnerable young teenager and this would have been known to PJ Kelly. He said she had shown “courage and determination” in how she dealt with the case.

Mr Justice McDermott said it was “a continuum of sexual abuse over an extensive period”, during which the then teenage girl was subjected to repeated rape and oral rape, with one incident of anal rape.

“They forced themselves on her whenever they wanted,” Mr Justice McDermott said before he added that they also ignored her clear protests.

“They each attacked her at the same time and encouraged each other,” the judge continued. He described the offence as “shameful and callous” which left her extremely damaged, with physical and mental pain and suffering.

“She went out that night to assist PJ Kelly. He took advantage of her good nature and kindness and her young age and vulnerability,” Mr Justice McDermott said.

Mr Justice McDermott also referred to the fact that the men gave her alcohol and cannabis and left her in a vulnerable situation, “Each knew she was not consenting and each took full advantage.”

He said the case fell in the exceptional range, before he said a headline sentence of 16 years was appropriate for both men.

Mr Justice McDermott acknowledged that Kelly was a young man with a very troubled background and accepted that he pleaded guilty at an early stage in the trial. He reduced his sentence to 13 years and six months, before suspending the final two years.

Sentencing Byrne, Mr Justice McDermott said the woman was clearly much younger than him and she was “clearly unwilling and he ignored her pleas to stop”.

He said there was very little by way of mitigation for Byrne. “He challenged the veracity of the victim by giving evidence at trial. He expresses no remorse and does not accept the jury’s verdict.”

Mr Justice McDermott imposed a sentence of 15 years on Byrne and ordered that he undergo post-release supervision for seven years.

The men were jailed for a total of 26 and a half years by Justice Paul McDermott at the Central Criminal Court.

In her victim impact statement, the woman said that Kelly called her that day to tell her he was going to take his own life and she met him because of this. She was not expecting Byrne to be there. 

Kelly of Corra Choill Park, Prosperous, Co Kildare, pleaded guilty at the Central Criminal Court during a trial after the victim’s taped interview of complaint to specialist gardaí was played for the jury.

He told his legal team that he didn’t wish her to be put through cross-examination and pleaded guilty to three counts of rape, accepted on a full facts basis by the Director of Prosecutions.

Kelly was sentenced to 13 and half years, with the final two years suspended on strict conditions, including that he engage with the Probation Service for three years and have no contact directly or indirectly with the woman.

Byrne, also of Corra Choill Park in Prosperous, continued to deny the charges before he was convicted by a new jury panel to two charges of rape, two charges of oral rape and one charge of anal rape. He was jailed for 15 years in prison.

He was also placed under a seven-year post release supervision order and told not to have any contact either directly or indirectly with the woman.

The rapes occurred over one day on an unknown date between March 2020 and June 2020 in four different locations in a Kildare town, including a car, Byrne’s home, in a field while she was walking with Kelly and finally another field.

The court heard that the then-teenage girl was raped by both men, at the same time, in a car. After this incident, Byrne took her back to his home where he raped her.

The following morning, she was raped by Kelly in a field, before both men again raped her at the same time in another field. The men took turns raping the girl vaginally while the other forced her to perform oral sex on him.

She later told gardaí that she felt like “a rag doll” and described being in a lot of pain.

Sentencing the men, Mr Justice Paul McDermott said the woman was clearly a vulnerable young teenager and this would have been known to PJ Kelly. He said she had shown “courage and determination” in how she dealt with the case.

Mr Justice McDermott said it was “a continuum of sexual abuse over an extensive period”, during which the then teenage girl was subjected to repeated rape and oral rape, with one incident of anal rape.

“They forced themselves on her whenever they wanted,” Mr Justice McDermott said before he added that they also ignored her clear protests.

“They each attacked her at the same time and encouraged each other,” the judge continued. He described the offence as “shameful and callous” which left her extremely damaged, with physical and mental pain and suffering.

“She went out that night to assist PJ Kelly. He took advantage of her good nature and kindness and her young age and vulnerability,” Mr Justice McDermott said.

Mr Justice McDermott also referred to the fact that the men gave her alcohol and cannabis and left her in a vulnerable situation, “Each knew she was not consenting and each took full advantage.”

He said the case fell in the exceptional range, before he said a headline sentence of 16 years was appropriate for both men.

Mr Justice McDermott acknowledged that Kelly was a young man with a very troubled background and accepted that he pleaded guilty at an early stage in the trial. He reduced his sentence to 13 years and six months, before suspending the final two years.

Sentencing Byrne, Mr Justice McDermott said the woman was clearly much younger than him and she was “clearly unwilling and he ignored her pleas to stop”.

He said there was very little by way of mitigation for Byrne. “He challenged the veracity of the victim by giving evidence at trial. He expresses no remorse and does not accept the jury’s verdict.”

Mr Justice McDermott imposed a sentence of 15 years on Byrne and ordered that he undergo post-release supervision for seven years.