Rapist's sentence for sex assault adjourned

Sentence on a west Dublin convicted rapist for an aggravated sexual assault has been adjourned for three weeks by Mr Justice Barry White at the Central Criminal Court because a report was not ready.

Niall Healy (aged 30) of Palmerstown Woods, Clondalkin committed the aggravated sexual assault of the now 24-year-old woman after he had offered to drive her home by agreement with her boyfriend.

Healy, who was jailed for 12 years on June 22, 1993 for rape, was convicted last June of committing the offence in the early hours of the morning of July 20, 2001 on the outskirts of a Co Kildare town.

He was also convicted by the jury of falsely imprisoning the woman, sexually assaulting her and assault causing her harm on the same occasion. The jury returned its unanimous verdicts following one hour and 25 minutes deliberation after a five day trial.

The application for an adjournment was made by Mr Hugh Hartnett SC, defending, who said that a consultant had been away for a month on honeymoon and needed further time to compile his report. Mr Hartnett apologised to the victim and to the court for the delay.

Mr Brendan Grehan SC (with Mr Paul Carroll BL), prosecuting, opposed the application and urged the court to proceed with sentence. He said there had been no notice of the adjournment application and the victim had come to court with her family and friends seeking closure some five years after the crimes.

Mr Justice White said he had a duty to society as well as a duty to Healy in view of his previous rape conviction. If he were to proceed now with sentence his decision could be overturned later by the Court of Criminal Appeal. He said the sentence would proceed with no further delay on the next date.

Healy attacked the victim after he tried to kiss her before he put his hand up her skirt and digitally penetrated her vagina.

She had Healy's phone in her hand after earlier calling her boyfriend and when assaulted by him she pressed the 'call' button several times. Her screams and protests were heard by the jury during the trial.

When she escaped from Healy's car, he drove up and accused her of causing him to crash his car. He got out and dragged her along the ground, then put her down and had his hand around her neck.

Healy sexually assaulted her again and threatened to kill her by drowning. She escaped again and aroused a householder from his bed by shouting and screaming for him to open his door for her.

She burst into the house. The man blocked Healy twice from following her and called gardaí, who found the victim in a very distressed state.

Healy later told her boyfriend by phone: "I'll level with you. I tried it on with your girlfriend. She said 'no' and freaked out and scratched my neck."