Clare gang rape ringleader on bail at time of crime

A 16-year-old youth was on bail for charges of aggravated burglary and threatening to kill a garda when he led a brutal gang rape in Co Clare, a court has heard.

Thomas O'Neill, Lenihan Avenue, Limerick, was jailed for 10 years at the Central Criminal Court last July after the court heard he acted as gangleader in the horrific repeated rape of a 35-year-old woman in Cratloe Co Clare in January of last year.

The 16-year-old - who has clocked up almost 40 previous convictions despite his young age - was before Limerick Circuit Court this week for sentencing on a number of charges including causing criminal damage to a neighbour's house and threatening to kill a garda in July 2003.

Judge Carroll Moran was told that the teenager - who is serving his sentence at St Patrick's Institution - was on bail for these offences at the time of the brutal gang rape in Cratloe.

The court heard that Thomas O'Neill and a co-accused Sean Flanagan, (aged 19), Lenihan Avenue, Limerick caused more than €1,000 worth of damage to a neighbour's house and threatened to kill two gardaí in July 2003.

Judge Moran heard evidence that on July 10, 2003, the two accused teenagers went to Tony Butterfield's house in Lenihan Avenue where he lived with his wife and four children and threatened to kill him.

O'Neill and Flanagan broke glass panels at the rear of the house with an iron bar and Mr Butterfield left the house "in fear for his children's lives".

When he returned at 3am to check his home, the house had been ransacked and €1,820 worth of items had been taken, the court heard.

When gardaí arrived at the scene Thomas O'Neill, who was standing across the road from the house, swung a bill hook at garda Edmund Ryan and threatened to kill him if he went near Sean Flanagan.

"I swear to God I will kill you if you touch him. Don't make me do it," he said. Sean Flanagan ran out of a house and swung a weapon, described in court also as a bill hook, narrowly missing garda Michael O`Gorman.

Mr Flanagan became more abusive and threatened to cut garda O'Gorman`s throat, the court heard.

Judge Moran was told that that the Butterfield family were terrorised by the teenagers and they have since moved house because of what happened.

Both teenagers pleaded guilty to a number of other charges in relation to the same offences and also in relation to a similar incidents which occurred a number of days earlier on July 7.

Counsel for Thomas O'Neill, Brian McInerney (BL) said his client had been in difficulty with the law from a very young age and that he is currently being kept apart from the other young offenders at St Patrick's Institution because of the view taken of "people with convictions for rape".

Mr McInerney said his client was currently studying for his Leaving Cert English exam and that because he is "held in contempt" by the other residents at St Pat's, he cannot attend the general school classes.

The court heard that the 16-year-old wishes to put his life of crime behind him and to try to take some responsibility for what he has done.

Mr McInerney asked Judge Moran to take a "leap of faith" and not to extend his already long prison sentences which he is serving in "difficulte conditions".

"Mr O'Neill is 16 years of age and a person of that age cannot be deemed to be all bad. I ask you not to right him off completely," said Mr McInerney.

Counsel for Sean Flanagan, Mark Nicholas (BL) said his client was a talented young footballer who could have been signed by clubs in England and Scotland but for his difficulties.

He said his client had a problem with acoholol and got mixed up with the wrong crowd.

Judge Moran adjourned sentencing for both of the accused men until February 4 next.