Ex-IRA man with two kidnap convictions loses appeal

AN ex-IRA man with two previous convictions for kidnapping and described as a danger to society and civilisation had his appeal against a 20-year sentence dismissed in the Court of Criminal Appeal (CCA) yesterday.

He along with another man held a Cork businessman and his pregnant wife and family prisoner at gunpoint and threatened to kill them if he didn’t hand over the takings from his chain of off-licences.

One of the men fell asleep during the raid, which enabled a victim to escape and raise the alarm.

Gerard Clarke, aged 39, a native of Belfast, with an address at St John’s Terrace, Upper John St, Cork was described as the ringleader in the raid and had his appeal against the 20 year sentence upheld by the CCA.

His accomplice Edward Gaffey, aged 23, from Clountygoura Court, Dundalk, Co Louth, who was described as “not the brightest intellectually and easily manipulated” had the last three years of his 12-year sentence suspended.

The men were sentenced in November 2005 at Cork Circuit Criminal Court.

In giving judgment Mr Justice Adrian Hardiman presiding with Mr Justice Budd and Mr Justice O’Neill said that Mr Clarke had previous convictions for kidnapping and was a danger to society and civilisation. The sentence was entirely appropriate, said the judge adding that Clarke was a man with an appalling record who had committed truly appalling crimes and had been convicted for 45 offences between 1987 and 1991.

Both men pleaded guilty in November 2005 to falsely imprisoning Gary and Katie O’Donovan; to two firearms offences; and threatening to kill Mr O’Donovan at his home at Dewberry, Mount Oval, Rochestown, on May 2 and 3, 2005.

Judge Patrick Moran said at Cork Circuit Criminal Court that the raid on the O’Donovans was “a very well-planned operation to take people hostage in their own home in a terrorist-type manner for financial gain.”

He said he believed that the ordeal to which Clarke and Gaffey had subjected Mr O’Donovan and his wife, who was six months pregnant at the time, “was one of the most horrific and appalling experiences that any couple could experience in their lifetime.”

Supt Ger Dillane had told the court how Katie O’Donovan had been knocked to the ground by two masked raiders when she answered the door at around 9pm, and how they had held her at gunpoint until Mr O’Donovan returned home at 10pm.

Mr O’Donovan saw Gaffey pointing a gun at his wife and “went” for him and almost managed to get the gun off him after knocking him to the floor when Clarke struck him with a 600,000 volt stun gun.

Mr O’Donovan then tackled Clarke and had almost got the stun gun off him when Gaffey hit him a number of blows on the head with the handgun, said Supt Dillane.

Supt Dillane told how a third raider also came to the house and Mr O’Donovan was told to co-operate with them and go to his off-licence in Little Island the next day and collect the takings, or his wife and children would be killed.

He said that one raider took Ms O’Donovan upstairs while another guarded Mr O’Donovan after hooding him and tying his hands. However, the raider fell asleep and Mr O’Donovan managed to free himself, escape from the house and raise the alarm.