Court reserves judgment on rape appeal

The Court of Criminal Appeal has reserved judgment on an appeal by a former soldier against eight life sentences for the rape, attempted rape and sexual assault of two of his daughters and four nieces.

The man had pleaded guilty to 20 sample charges.

When then man, now in his 50s, was sentenced at the Central Criminal Court in May last year, the judge imposed a life sentence on each of eight counts of rape and four years' imprisonment on each of 12 other counts of sexual assault and indecent assault. He directed that all the sentences run concurrently.

The man had begun abusing two of his daughters when they were aged six and seven years old. After the girls complained to their mother, she confronted him and the local health board became involved. At this time, the health board was unaware the man was also abusing his nieces.

The man was banned from the family home for a time but it was later agreed he could come back on the understanding it was safe for him to do so. However, when he did return to the family home, the offences resumed against his two daughters.

In 1999, the two daughters complained to the gardai about their father who at the time was serving with the Defence Forces in Lebanon but was due to return home. The man made a number of admissions to gardai in early 2000 when he was interviewed in St Bricins Hospital where he had been sent after attempting suicide in Lebanon. He told gardai he had "a sexual urge which he could not control". He left the Army that same year.

Lawyers for the man argued today that the appeals court should address whether the imposition of life sentences in cases where an accused pleaded guilty removed any incentive for an accused to admit their offences.

The prosecution said this was an exceptional case and the sentences imposed by the trial judge were justified.

The offences had affected three households, the prosecution argued. While the accused had pleaded guilty, he had initially only admitted the offences against his daughters and he had admitted the offences against the nieces only when it becamse clear these were going to emerge.

The three-judge Court of Criminal Appeal reserved its decision.