Rape-claim woman ‘was suffering from depression’
Defence solicitor, Diane Hallahan, put that forward in mitigation yesterday as Breda Casey, 46, of 7, Avondale House, Model Farm Road, Cork, came before Cork District Court for sentencing for her behaviour. Ms Hallahan said a suspended five-month sentence hanging over the accused for another offence had not been activated as a result of this incident.
The solicitor said in mitigation that the only reason the defendant came to the attention of gardaí that night was because of trouble coming from a party at another apartment in the complex where she lives.
Ms Hallahan said the accused had nothing to do with that apartment and that the gardaí called to her home in error and that she reacted badly to their arrival.
Casey pleaded guilty to charges of being drunk and a source of danger and engaging in threatening, abusive or insulting behaviour arising out of the incident outside a house at The Belfry, Model Farm Road, on July 12.
Casey came out of the house in a highly aggressive manner on two separate occasions on that evening. Garda Brendan Hanafin said when the case came before the court last week. “She came over to us, ripped open her top and said gardaí were raping her. She had to be arrested,” he said. Ms Hallahan said her instructions from Casey in this regard were that, “she absolutely did not say certain things guards said she said”.
Inspector Bill Duane said: “I have to come to the defence of the gardaí on that. There was a complaint made on foot of these allegations which was very upsetting for the gardaí.”
Judge Leo Malone recalled yesterday that he specifically asked Garda Hanafin last week where he would put the accused’s condition on a scale of intoxication and the guard put it at the higher end of the scale. Judge Malone said that would affect her recollection.
The judge said he would put back sentencing until November 30 to allow time for preparation of a probation report on the accused.
