Rapist jailed for further attack

A convicted rapist who attacked a woman in the street just 36 hours after his release from a 15-year prison sentence has been jailed for a further five years by Dublin Circuit Criminal Court.

Trevor Byrne (aged 28), with an address at Mountain View Court, Summerhill, pleaded guilty to attempted robbery of Ms Olivia Mariano, assault causing her harm and threatening to kill a man who came to her rescue at Eglington Terrace, Phibsboro on December 16, 2005.

Judge Donagh McDonagh said: "It would be easy with a complete recidivist to lock him up and throw away the key and my immediate reaction because of the previous conviction is to impose a very heavy sentence but I do not want to leave him without any hope."

Byrne was 16 years old when jailed for 15 years in December 1994 by Mr Justice Vivian Lavan for raping a victim on the North Circular Road, Dublin on November 3, 1993.

That sentence was reviewed in 2003 by Mr Justice Lavan who deemed Byrne unfit for release then.

"I am just very concerned that there has been no proper plans made for him to rejoin society," the judge said.

Garda Stephen Rooney told Mr Bernard Condon BL, prosecuting, that Byrne was released from his sentence on December 14, 2005 and 36 hours later he attacked Ms Mariano, a Philipino nurse in the Mater Hospital, as she walked home from a work Christmas party at around 2.30 a.m.

Byrne grabbed Ms Mariano around the chest and pulled her to the ground where he sat on top of her with his legs at either side of her, punched her in the head and face and tried to cover her mouth with his hand when she screamed.

He told her he wanted her purse and threatened that he would cut her throat if she did not stop screaming. Two men who had been watching television in a nearby friend's house came to the victim's assistance and asked Byrne what he was doing.

Byrne told them the woman had fallen down steps and he just wanted to talk to her. He later told gardaí that she had jumped on him and told him to take her bag.

The two men held Byrne until gardaí arrived at the scene during which time he threatened: "If you don't let me go I'll slit your throat."

Ms Mariano was treated in hospital for swelling to her face, blurred vision and difficulty opening her mouth. She has since recovered from her physical injuries but told Judge McDonagh that she now lived in fear and had no confidence going out at night.

She said she moved house after the attack in case Byrne knew where she lived and still feared he would come after her. She had to tell her family in the Philippines of the attack and they were worried for her.

Ms Martina Baxter BL, defending, said Byrne wished to apologise to his victim and had no reason or explanation for his "reprehensible" behaviour.

Ms Baxter said Byrne had been in institutions for 21 of his 28 years and had taken drink and his mother's valium on the night of the attack. Garda Rooney agreed that Byrne had not been carrying a knife.

Judge McDonagh said Ms Mariano was "an innocent lady who came to Ireland to give the benefit of her skill and expertise and this is the Ireland of welcomes she comes to".

Judge McDonagh added that in imposing five years he took Byrne's guilty plea into account and that he was "not imposing a sentence as heavy as I was minded".