Brothers jailed for rape in hotel room

TWO Laois brothers have been jailed for three years for raping a woman in a hotel, despite a prosecution witness claim 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 that 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, 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, 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.

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.

Prosecution counsel, Paul Coffey SC, said Ms Walley’s points are for the Court of Criminal Appeal (CCA) and that there was 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.