Rapist's sentence review brought forward after successful appeal

A man who was repeatedly raped as a child by staff in Trudder House, Co Wicklow, and is serving a total of 24 years' imprisonment…

A man who was repeatedly raped as a child by staff in Trudder House, Co Wicklow, and is serving a total of 24 years' imprisonment had his sentence review date brought forward three years at the Central Criminal Court as a result of a recent appeal.

Anthony Cawley, a convicted rapist, was originally jailed for 20 years by Dublin Circuit Criminal Court in 1987 for the rape and robbery of a model. He was given a concurrent 10-year sentence in 1989 for attempted murder. Cawley (32), with former addresses in Dun Laoghaire and Inchicore, was given an eightyear consecutive sentence in June 1998 by Mr Justice Kevin O'Higgins at the Central Criminal Court for the rape of a fellow prisoner in Arbour Hill.

This sentence was to start at the lawful end of the 20-year term and was set for review in 2006. Cawley had since had his 20-year term reduced on appeal to 16 years and is now due for release from it on May 17th next, rather than on May 17th, 2002.

Defence counsel Mr Barry White SC told Mr Justice O'Higgins this meant the eight-year term would begin this year and he was applying to have the date adjusted to take account of that. Mr Justice O'Higgins affirmed his order that the eight-year sentence would start on May 17th next and he agreed to the application to have his review date amended to May 17th, 2003. Mr White said Cawley was undergoing counselling and looked forward to participation in group therapy before his release, as directed by the court.

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Prosecuting counsel Mr Anthony Sammon SC said the court should note "the mature manner" in which Cawley had instructed his legal advisers in this matter. He had not attempted to obstruct in any way the court's original order in relation to the eight-year sentence. Cawley was given the eight-year consecutive sentence after he pleaded guilty to raping a remand prisoner in Arbour Hill Prison on September 24, 1996. His victim was himself later jailed for four years for rape, increased to six years on appeal.

Mr Justice O'Higgins noted then that Cawley "had none of the advantages of caring parents and privileges" afforded to others when growing up but had been brutalised as a child. He was on the streets from five to six-years of age, was frequently beaten by his father, who would occasionally chain him naked to the wheels of a wagon, and sought refuge at the age of about seven in Garda stations. Cawley spent a lot of time in detention in the following years. Mr Justice O'Higgins added: "He was repeatedly raped while in the custody of the people of Ireland and from the age of 10 he was sniffing glue on the streets. By 15 he was deeply involved in crime".