Dublin man given early release from rape sentence

A Dublin man has been given early release from his 10-year sentence for raping a woman whom he dragged into bushes and subjected to almost seven hours of violent sexual molesting in 1996.

Jeremiah Rigney, aged 43, of Cashel Road, Crumlin was jailed for 10 years by now retired Mr Justice Dermot Kinlen at the Central Criminal Court in January 1999 with a review of sentence after four years had been served.

Mr Justice Paul Carney said that, due to Mr Justice Kinlen's retirement, he now had to deal with the matter as the senior judge in the Court and noted he had been in a minority for many years in believing that once sentence was passed the sentencing judge and the prisoner parted company.

He said the Supreme Court had now ruled that review of sentence was not a proper function for judges and while he could take the view that reviews were unlawful it would be constitutionally unfair to adopt such an approach in this case where a review had been set down some years ago.

Mr Justice Carney said he had read the prison governor's report and as Rigney had served the equiavalent of half his sentence he was prepared to suspend the balance.

He directed that Rigney enter a bond to be of good behaviour for five years and told him that if he "put one foot wrong" in any way, he was to be taken back before him and not any other judge for the re-activation of the five years balance of his sentence.

Rigney was convicted by a jury in November 6, 1998 on five charges of rape, anal rape, aggravated sexual assault, false imprisonment and assault occasioning actual bodily harm on the woman in the early hours of the morning of July 15-16, 1996 in a west Dublin park

The jury took three hours to return guilty verdicts on the charges following a four day trial and also acquitted him on a sixth charge of oral rape.

Detective Garda Mary Murphy told prosecuting counsel Robert Barton BL that Rigney was married but separated and had 14 previous convictions.

His previous convictions included one for assaulting his wife and one for assaulting a garda. Most of them were for larceny, burglary, and road traffic offences.

The jury heard the woman's ordeal began at about 10.30pm on July 15 and continued until around 5.30am on July 16, 1996. She had been walking along the footpath at the park when Rigney dragged her into the bushes.

A motorist had alerted gardaí to seeing someone being dragged along the footpath but a search of park boundaries revealed nothing.

Det Gda Murphy agreed with defence counsel Mr Denis Vaughan Buckley SC (with Ms Mary Ellen Ring SC) at the trial that none of Rigney's previous convictions was for a sexual offence. He had a serious drink problem at the time he raped the woman.

Mr Justice Kinlen noted when imposing sentence that Rigney still maintained she had consented to sexual activity with him in the bushes but said the jury had not accepted that.

Mr Justice Kinlen said drink had played a large role in his committing these crimes. "Alcohol is ultimately a killer disease and is at the root of most of the crime, and particularly sexual crime, committed in this country", he said.

He hoped that while in prison Rigney would gain a better insight into his offending and especially into his alcohol problem. He told Rigney: "Drink has destroyed your life and has been respsonsible for bringing you before this court".

He noted Rigney had already taken steps including a spell in Coolmine Therapeutic Centre to deal with his alcohol problem and hoped he would attend Alcoholics Anonymous in prison.

If Rigney did that and partook of whatever other help was made available to him, Mr Justice Kinlen said he would recommend that the balance of the sentence would be suspended at a review on November 7, 2002 on condition that Rigney then undertaook not to make any contact with his victim on release and to keep the peace.