Man gets nine years for ‘continuous, vicious and frenzied attack’

A 63-year-old man who tried to murder his partner by repeatedly stabbing her after she told him she no longer wanted to be with him and planned to leave, has been jailed for nine years.

Patrick O'Rourke of Cooline Drive, Ballyvoloon, Cobh, Co Cork, pleaded guilty to the attempted murder of Donna Foster at Cooline Drive on August 11th, 2015.

He also pleaded guilty to assault causing harm to a minor at the same address on the same date.

On Friday at the Central Criminal Court, Mr Justice Patrick McCarthy imposed a nine year sentence on O’Rourke and backdated it to when he went in to custody. He also sentenced O’Rourke to three and a half years for the charge of assault causing harm on the minor, to run concurrently.

Before handing down sentence Mr Justice McCarthy said it was clear that this was “an extremely serious attack” by O’Rourke on his former partner.

“They were still living together and had been together for 15 years,” he said.

The judge said there was no evidence of violence during their relationship but arguments arose as their relationship came to an end.

“Ms Foster was entitled to bring that relationship to an end and any possible adverse reaction by her partner must be regarded as beyond comprehension,” he said.

Mr Justice McCarthy said Ms Foster suffered a number of serious wounds when the accused stabbed her with a boning knife and she was “obviously extremely fearful and distressed”.

The judge referred to Dr Emmet Andrew’s medical report where he outlined that Ms Foster had received “two particularly serious lacerations” and it was miraculous that she was not injured more severely.

“The evidence is that Ms Foster has found it very difficult to return to work and she was self-employed. Undoubtedly apart from the financial difficulties which this has caused it has no doubt had an impact on her sense of well being,” said the judge.

The judge also referred to the minor who was in the house at the time and witnessed “the horrific event” which caused “grave distress” on her part.

“It seems there was a laceration across the palm of her right hand when she was intervening to protect Ms Foster and also a superficial abrasion to her left palm. This is a significant injury which has left her with significant challenges and limited movement,” he said.

Referring to Ms Foster’s victim impact statement, Mr Justice McCarthy said the ordeal has been emotionally draining and psychologically traumatic on her.

“She truly and honestly believed she was going to die. She states she is grateful for having survived and now has a different perspective on life” he said.

The court heard that it was accepted in evidence that the accused was described by gardaí as “very cooperative” and he had difficulty coming to terms with what he had done but claimed responsibility for the attack.

The judge said that while the evidence against O’Rourke is “very strong”, he has been described as contributing positively to prison and is a well-behaved prisoner.

“On the evidence he seems to be a person who was a valuable member of the community,” he said.

Mr Justice McCarthy said it was still a mitigating factor that O’Rourke pleaded guilty at the very end of the legal process.

The appropriate starting point for this crime was “in or around 12 years” but sentencing was a subjective process, the court heard.

“He is nearing 65 years of age which is a significant sentencing factor,” he said.

The judge said he had taken into account O’Rourke’s previous good character, his age as well as behaving well in prison.

“The principal mitigating factors are the guilty plea, his cooperation and his remorse. The remorse is in good faith and he read out an apology from the witness box,” he said.

Mr Justice McCarthy then sentenced O’Rourke to nine years in prison and backdated it from when he first went into custody on August 11, 2015.

He also sentenced O’Rourke to three and a half years for the charge of assault causing harm on the minor, to run concurrently.

Speaking outside the Central Criminal Court on Friday, Ms Foster said she was pleased with the sentence and was happy it was over with. She also agreed she got justice.

“I’m just happy it is all over and now myself and the girls can just draw a line under it and move on with our lives. I’m feeling okay. I had a make-up artistry business and that’s gone as I now can’t do the work I was doing with the injuries I have.”

Her father, Harry Foster, said: “At least he is paying for what he did and we actually decided what the judge said we would be pleased with it and that’s it.”

Victim impact statement

As a result of the “horrific” attack, Ms Foster’s airways were exposed in her neck and she had injuries to her upper abdomen through which her small intestine was visible.

Giving her victim impact statement, Ms Foster said she was left with physical, emotional and psychological scars by the “continuous, vicious and frenzied attack” by her former partner after she told him she planned to leave.

Delivering her statement, Ms Foster said she needed time to heal from the “atrocity” inflicted on her by O’Rourke.

She added: “I sustained serious stab wounds from a continuous, vicious and frenzied attack which left me fighting for my life, as I truly and honestly believe I was about to die.” She said that if it were not for the intervention of the minor who was also injured in the assault, she would not be here today.

“For me, I now have a different perspective on life. I realise that life is precious and fragile,” she said.

She said she finds it hard to believe that a man she trusted “would subject me to the most horrific attack in an attempt to kill me.”

Taking the stand last month O’Rourke wished his former partner “health, happiness and success in her life” and said that their years together were the “happiest” of his life.

Detective Garda Bill Dillane of Cobh Garda Station previously told the court that the relationship between Mr O’Rourke and Ms Foster had broken down prior to the attack but there had been no previous violence.

Speaking to Brendan Grehan SC, representing O’Rourke, Det Garda Dillane said Ms Foster and Mr O’Rourke had been together about 15 years. Two weeks before the attack Ms Foster said she no longer wanted to be with him and planned to leave. Det Garda Dillane agreed that O’Rourke had given a statement to gardaí in which he described confronting Ms Foster about her plans to leave on the morning of the attack before fetching the knife he used to stab her repeatedly.

On November 16th prosecution counsel, Mr Tim O’Leary SC, called Detective Garda Bill Dillane from Cobh Garda Station to give evidence.

The court heard that Donna Foster was living with O’Rourke in Cobh when the offences took place.

Det Garda Dillane agreed with Mr O’Leary that there had been “difficulties” with the couple’s partnership which had been going on for a period of time and there were “suggestions of separation.”

The court heard that a 999 call was made at 10.30am on August 11th saying that a serious incident had occurred.

Det Garda Dillane was on duty at the time and attended the scene.

“There was an armchair in the middle of the floor and Donna was kneeling down, face into the armchair and the place was covered in blood as was the chair,” he said.

There were two minors in the kitchen and one of them had “blood coming from her at the time”, he said.

“There was a severe wound to her neck, to the front of her throat,” he said.

Det Garda Dillane told the court he went to the green area where O’Rourke was.

“He (O’Rourke) said he was in trouble and he did it and asked if she was still alive,” said Det Garda Dillane.

The witness agreed with Mr O’Leary that statements given by Ms Foster and the minor confirmed they had been attacked with “a boning knife” on the same day.

The witness said the argument between O’Rourke and his partner appeared to have started early that morning in the upstairs bedroom and it concerned their relationship.

“They went downstairs to the kitchen and when the argument recommenced downstairs, Mr O’Rourke by his own admission as well as Ms Foster’s statement said he was leaning by the sink, bent down and got a knife out of the press,” said Det Garda Dillane.

The court heard that Ms Foster had several stab wounds including a stab wound “down the centre of her throat which was a few inches long” and there was blood “oozing from that wound.”

She also had a very severe wound to “her ribs on the side” from which her intestine was protruding.

The witness agreed with Mr O’Leary that the accused said to Ms Foster as he moved on top of her with the knife: “I am going to f***ing kill you.”

The witness agreed with counsel that she tried to push him away as she felt he would keep stabbing her until she was dead.

The court heard that a minor then came into the kitchen and “almost” threw herself at the accused.

The witness agreed with counsel that Ms Foster and the minor both remember the accused say: “I’m going to get her in the heart.”

This remark was directed at Ms Foster.

The court heard that the minor went in between the accused and Ms Foster and it was then that she got injured.

Det Garda Dillane agreed with counsel that the minor put her “hand up” to stop O’Rourke getting at Ms Foster’s heart.

After being stabbed several times, Ms Foster slipped off the chair onto the ground and told the accused he was “not getting her” in reference to the minor.

O’Rourke seemed to stop at that stage and gardaí arrived ten minutes later, said the witness.

Det Garda Dillane told the court that the knife used in both attacks was a “specialised boning knife” which was designed for the purpose of cutting up the flesh of fish.

Ms Foster has made a “relatively good recovery” but as a result of her injuries she will not be returning to work as a beautician.

Det Garda Dillane told the court that O’Rourke worked locally as a taxi driver in Cobh and he had never come to garda attention before.