SENTENCE reviews were not mere formalities, Mr Justice Flood said yesterday when he refused to review a six year sentence on a man who raped, a busker. The young woman later attempted to drown herself.
He said that when cases were due for review, the court required definitive reports from responsible, independent sources. These could come from within the prison service or from allied services. Hearsay comments were not enough.
Desmond McGrath (36), formerly of Letterkenny, Co Donegal, with an address in Dublin, was jailed, for six years in May 1993 for raping the woman whom he met when she was busking in at city street.
The woman attempted to commit suicide after her or deal by driving her car into a canal. She suffered migraine attacks for the first time, became depressed and lost weight.
McGrath's sentence was listed for review after three years had been served. Mr Justice Flood said he would consider suspending the balance of the sentence provided McGrath had taken steps to overcome his alcoholic problem.
When the case came before him yesterday, Mr Blaise O'Carroll, defending, said his client had come to his senses and agreed to give up alcohol. He also had no difficulty with accepting psychiatric counselling if granted liberty.
But Mr Justice Flood refused to review the sentence. "The definitive, positive reports I need in this review are not here. No attempt has been made to provide them."
McGrath had spent some time on a sex offenders' course in prison but then left it. "I have no independent information on that or on his alcohol situation."
The court was told in May 1993 by Sgt Nicholas McGrath that the victim met the defendant on December 11th, 1992, while she was busking. He offered to buy her lunch and to reimburse her for losses as a result. They visited several pubs and he drank more than the woman.
Sgt McGrath told Mr Paul O'Higgins, prosecuting, that the woman had made it clear to the defendant that she had no sexual interest whatever in him, although she enjoyed his company. She told gardai he seemed to accept that and acted like a gentleman.
Dr Art O'Connor, senior psychiatrist at the Central Mental Hospital, Dundrum, told the 1993 hearing that McGrath's parents had died when he was young. An uncle sodomised him and physically abused him in childhood.
Dr O'Connor told that hearing McGrath had a serious alcohol problem and would have to remain off drink for the rest of his life. The chances of him re offending were connected to his drinking.