Rapist, child abductor loses appeal over call recordings

A prisoner jailed for 15 years for the rape and sexual assault of a woman whose child he abducted has lost an appeal taken against the State after it emerged his solicitors’ calls were recorded in prison.

The case was taken by Michael Murray, aged 44, formerly of Killiney Oaks, Killiney, Dublin, who was jailed at the Central Criminal Court in 2013 for 15 years for rape, attempted rape, oral rape and aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment and theft.

The Central Criminal Court had heard that in February 2010, Murray lured his female victim into an apartment by telling her that an elderly woman was dying inside and needed her help. He tied her up and assaulted her before taking her son away and abandoning him in a city centre square late at night. He returned to the flat where he drugged and raped his victim.

Murray denied the charges, however he was found guilty on all counts by a unanimous jury decision.

Murray, whose High Court case against the Irish Prison Service and Minister for Justice was dismissed last July, had sought injunctions restraining prison authorities from intercepting his calls, as well as certain declarations and damages.

Murray had drawn particular attention to two phonecalls to his solicitor on July 23, 2013, on the evening before day 21 of his trial, during which he discussed privileged matters in relation to his defence.

In his judgment, Mr Justice Seamus Noonan said Murray had not put any evidence before the court to demonstrate the slightest prejudice arising from what appears to have been a “technical infringement at best of his rights”.

Once the prison authorities became aware of the inadvertent recording, Mr Justice Noonan said, steps were immediately taken to rectify the position. Mr Justice Noonan said there was no ongoing or threatened infringement of Murray’s rights in this matter. No declaration was required to vindicate his rights and no issue of damages could arise.

Accordingly, he dismissed Murray’s application and awarded costs against him.

Murray’s appeal against the High Court’s decision was dismissed yesterday — three days after it was opened in the three-judge court.

Giving judgement, Mr Justice George Birmingham said the court was in complete agreement with the approach taken by Mr Justice Noonan. The application was “without substance” and the appeal “without merit”, he said.

Murray was “not prejudiced or otherwise adversely affected in any way whatsoever. It is entirely clear that calls were recorded inadvertently, that calls were not accessed and that steps have been taken to ensure that what went wrong in the past will not be repeated”.

Mr Justice Alan Mahon and Mr Justice John Edwards agreed with their colleague’s judgment.

Costs were awarded against Murray who uttered insults at the judges as he was led away.