Cork man jailed for raping foreign national

A Cork man who orally raped a foreign national has been jailed for 13 years by Mr Justice Paul Carney at the Central Criminal Court.

David Hegarty (aged 32) raped the woman just two years following his release from a 10-year-sentence imposed on March 4, 2000 for raping two female students in Cork city centre on October 5 and October 27, 1998.

Hegarty, a father of one, with a former address at Nutley Road, Mahon pleaded guilty to orally raping the foreign national in the early hours of the morning of May 22, 2008 close to a Cork city centre bus station.

Mr Justice Carney, noted that counsel for the State, Mr Paul Coffey SC (with Ms Karen O'Connor BL), and Mr Patrick MacEntee (with Mr Ronan Munro BL) for Hegarty, were agreed he was bound by the ruling of Court of Criminal Appeal in the case of Gerard Kelly to impose a "proportionate and determinate sentence in accordance with the facts of the case".

He said at a previous hearing last Friday, when it was submitted to him that the CCA had overturned a life sentence he had imposed on Kelly for what he said was a case with quite similar facts , that "the female half of the population has a constitutional right not to be raped".

Mr Justice Carney had indicated he was inclined to impose a life sentence on Hegarty as he had in the Kelly case on January 22, 2007 "so that he (Kelly) would not be able to do the same again".

Kelly (aged 47), Moreen Avenue, Sandyford who pleaded guilty to aggravated sexual assault of a woman on the night of September 17-18, 2004, had been jailed for 10 years on November 8, 1999 and for eight years in England in 1987 for rape and aggravated burglary.

Mr Justice Carney said Hegarty's crime on a defenceless woman in the early hours of the morning was "particularly predatory and opportunistic" and he had also received sentences previously for similar crimes.

"This raises inferences in my mind that he will do so again at the first possible opportunity and that the appropriate sentence is one of life imprisonment."

Mr Justice Carney said that his life sentence on Kelly was set aside "in a fairly lengthy judgement" on July 31, last year by the CCA, presided over by Mr Justice Joseph Finnegan sitting with Ms Justice Maureen Clark and Mr Justice Daniel Herbert , which didn't accept that the facts in the case were such as to merit life imprisonment.

The CCA based its judgement on Kelly's constitutional rights and substituted a sentence of 16 years with the final three suspended and also directed 10-years post-release supervision.

He noted the CCA ruled that while the circumstances of Kelly's crime were "very shocking", it believed the imposition of a life sentence for it amounted to an error in principle" because the sexual assault by Kelly "was not of such an exceptional nature that it merited the imposition of a life sentence".

Mr Justice Carney said a great deal of legislation was formed in gentler times and he might be right or wrong in thinking Hegarty might rape again.

"Has the female half of the population to accept that one or more of them might be targets because of a rapist's constitutional rights?" Mr Justice Carney asked at last Friday's hearing.

He said that in view of the CCA decision in the Kelly case, he would impose a 13-year-sentence on Hegarty to date from his arrest and directed that he undergo 10 years post release supervision. He also directed that Hegarty's name be entered on the register of sex offenders.

Detective Garda John McDonagh said Hegarty's victim was waiting outside the bus station at 5.30am when he grabbed her around the neck from behind and dragged her a short distance away before orally raping her.

He was caught near the scene by Garda Aidan O'Mahony after a member of the public telephoned the gardaí.

Inspector Declan O'Sullivan noted that gardaí and the victim were very thankful to the man who made the phone call and who also remained on the line while keeping Hegarty in view until a patrol car arrived.

The victim told Mr Justice Carney: "I will never forgive him for what he did and I will never forget it."

She said that Hegarty's attack on her had "totally changed my lifestyle" and left her afraid to walk anywhere on her own. She had become suspicious of men and didn't feel safe on her own anymore.

The woman said she also suffered sleepless nights, needing medication to help her sleep at all and she was still having regular counselling.

"Counselling is the only place where I can talk openly about what happened."

Hegarty said in evidence that he wished to apologise to her and say he was sorry. He added that he would "wholeheartedly co-operate" with any treatment he might be offered in prison.