A woman who was raped by her uncle attempted to report the abuse to gardaí on two occasions but was rebuffed, the Central Criminal Court has heard.
Michael Poole (65) was unanimously convicted by a jury of 14 counts of raping Lisa Brown on dates between 1980 and 1988. He was also convicted of eight counts of indecent assault.
Poole, of Bowbridge, Kilmainham, Dublin 8, pleaded guilty to 27 counts of indecent assault but denied the rape charges. Poole, who was born with a thalidomide defect, has no previous convictions.
On Friday, Judge Patrick McGrath jailed Poole for 12 years. Addressing the victim, who was watching by video link, the judge said: “On behalf of the court, I’d like to commend you, Ms Brown, in persisting until you were listened to.”
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McGrath set a headline sentence of 14 years, suspended the final two years and backdated it for time spent in custody.
The court was told the victim wished to waive her anonymity to allow for her abuser, who was 13 years her senior, to be named.
At a previous hearing last week, Brown (52) read a victim impact statement to the court in which she said her attempts to report the abuse were dismissed.
“When I eventually disclosed the abuse at 17, I was already deeply traumatised. My attempts to report what had happened left me feeling unheard and dismissed. That experience reinforced a damaging belief that my voice did not matter and that what had been done to me was something I simply had to endure,” she said.
Brown also outlined the psychological effects she experienced because of the abuse, which started when she was seven and continued until she was 14.
“I now suffer from post-traumatic stress disorder. I experience intrusive memories, flashbacks and nightmares that take me straight back to being that frightened little girl. Certain smells, sounds and situations trigger overwhelming distress,” she said.
“I have night terrors and wake feeling panicked and unsafe. I remain hyper-vigilant and often struggle to fully relax, even in places that should feel secure. The trauma does not just live in my memories – it lives in my body.
“I cannot change what was done to me, but I can stand here and speak my truth. That is something that can never be taken from me again.”
Antonia Boyle, prosecuting, told the court the Director of Public Prosecutions (DPP) was of the view the offending was in a more serious category, with a penalty of between 10 and 15 years’ imprisonment.
This view was based on the position of trust Poole held, that the abuse happened in the family home where the victim was supposed to feel safe, the age disparity, the severity of abuse, and the abuse of power.
Under cross-examination, Det Garda Jean McDonnell agreed with defence counsel that Brown had twice attempted to make a complaint to gardaí about the abuse but was rebuffed.
Patrick Gageby, defending, said Brown gave evidence during the trial last February that she went to Finglas Garda station to make a statement in 1990 but was “rebuffed”. She also tried to make a complaint when she had her baby in 2001.
Counsel said that on two occasions the prosecution had an opportunity to bring a case against his client when he was a younger man.
In plea of mitigation, Gageby said that if Brown had been “appropriately dealt with”, his client would not have been “brought to trial when he is most significantly disabled”. Counsel said his client faces incarceration and is very inhibited in his health.
Gageby told the court his client has a thalidomide birth defect, suffers from a depressive disorder and has made numerous attempts on his life.
He has physical health problems with his right arm, sleep apnoea, high BMI and is on a “large tranche of medication”. He was previously admitted to hospital due to sepsis. He can ambulate but uses a wheelchair, which would make prison more difficult, Gageby said.
