Courts

‘I am no longer a victim but a real survivor’: Woman speaks after man jailed for her rape in Dublin park

Woman waives her right to anonymity so Aidan Kestell (55) can be named

The court heard the woman had been receiving a large number of messages from an anonymous sender for several years before she was raped. During the investigation, gardaí traced the messages, some of which were sexual and explicit, to a phone owned by the accused.

Eimear Dodd
Fiona Ferguson
Fri Mar 15 2024 - 15:16

A man has been jailed for 7½ years for the rape of his wife’s friend in a Dublin park almost five years ago.

Paula Doyle, who waived her right to anonymity, spoke outside court after the sentencing hearing of her attacker Aidan Kestell (55) and urged other victims to come forward.

“I know it may seem that you are alone, but you are most definitely not. I know that today may seem like your darkest day and it feels everlasting, and this deplorable journey will never end but I constantly thought that too, I couldn’t see myself standing here today but I am.

“The silence will stop, your voice will be heard, and you will have your day. If you haven’t already gotten there, if you haven’t already told someone, it’s never ever too late, just tell one person and take it from there.”

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Ms Doyle also called for more to be done in relation to violence against women. “Violence, sexual assault, rape and murder of women in this country is on the increase over the last number of years. It can happen anytime, anywhere. We need more than just vigils and conversations.

“We need action, discussions need to be had by both men and women. Young boys and girls need to be educated and spoken with in both school and at home.”

Kestell was convicted of rape after a four-day trial at the Central Criminal Court last month. The offence took place on September 6th, 2019, at Hartstown Park, Hartstown, Dublin 15. Kestell, of Briarwood Lawn, Dublin 15, raped the woman in a park after walking her home from a party at his house.

Ms Doyle, speaking outside court, said she had struggled with “physical, mental, and emotional pain” since the assault and it has had a lasting impact on her daily life.

“The actions of the predator that is Aidan Kestell have caused me immense suffering. During the investigation, it was found that the vile texts, photos, videos and stalking I had been subjected to for three and a half years prior to the rape were from him too.

“I believe in innocent until proven guilty, but l also believe there’s not enough being done to protect the victim who has already had their world destroyed.”

On Friday, Mr Justice Tony Hunt set a headline sentence of nine years for the rape. He said this was a single incident but one with appalling and enduring consequences. He described it as a “crime of violence and revenge”, for which Kestell will pay a serious price.

Mr Justice Hunt said his actions were intentional and knowing, and there was nothing reckless about it. He said there were few mitigating factors and he was not inclined to agree that there had been a high degree of co-operation.

He noted Kestell had first denied the offences and then gave a “grudging acceptance” that had come about in “a preposterous way”. The judge said he utterly failed to see how that could be co-operation with the investigation.

He said the best that could be said for Kestell was that he had reached his 50s without previous offending and was of good character with a good work history to the point where he got into this difficulty. He noted there would be serious consequences for him that would last the rest of his life.

Mr Justice Hunt reduced the sentence to eight years and suspended the final six months. He ordered that Kestell be of good behaviour for three years post-release and have no contact with the woman or her family.

Mr Justice Hunt wished Ms Doyle well and said he hoped her way was a bit clearer now this part of the ordeal was out of the way.

At an earlier hearing, Ms Doyle said the sentencing hearing was an important step as it would close the “four-and-a-half year sentence I’ve served since the attack”.

She suggested Kestell thought she wouldn’t come around, continuing, “Bet you thought you’d got away with it”.

She described him as “manipulative”, “vile” and a “compulsive liar.”

“I’ve no noun to describe you. I wouldn’t put you with any normal man,” she said, adding that he’s shown no remorse for his actions.

“I’m overjoyed your web of lies that you tried to spin has untangled...the life you once had is over.”

Speaking outside court Ms Doyle said: “I am ready to rebuild my life, I can now look towards my future and live again. Today I am no longer a victim but a real survivor.”

Garda Leona Bellew told Sean Gillane SC, prosecuting, that the victim was a longstanding friend of Kestell’s wife and was among the guests at a party in his house on the night in question.

During the evening, Kestell walked in on her when she was in the bathroom. In her evidence during the trial, the victim said she wasn’t upset by it but thought it “a bit strange”.

When she was leaving, her friend insisted Kestell walk her home. She was reluctant but eventually agreed.

The woman stopped several times during the walk to tell Kestell she was fine and could walk the rest of the way alone, but he insisted on walking with her.

After reaching Hartstown Park, the next thing the victim remembered was lying on the ground in agony. She realised she was being raped, and she then tried to fight off her attacker, who she realised was Kestell.

After Kestell left, the victim made her way home, arriving around 3am.

The court heard the woman spent the weekend trying to process what had happened before going to a friend’s house the following Monday and telling her about the rape.

She then contacted a sexual assault treatment unit and made a complaint to gardaí.

The court was told the woman had also been receiving a large number of messages from an anonymous sender for several years before this incident. She told her partner and friends about this, and they unsuccessfully tried to identify the sender.

During the investigation, gardaí traced the messages, some of which were sexual and explicit, to a phone owned by Kestell.

Kestell was arrested and interviewed several times. He initially denied any sexual interaction with the victim before claiming that she initiated sexual contact by performing oral sex.

In another interview, he claimed sex took place accidentally after he fell on top on top of her with his penis exposed. Kestell told gardaí: “I’m not sure if I entered her...the ground was wet and slippy, I could have slipped in.”

Kestell gave evidence during the trial, admitting he told some lies to gardaí. He said there had been a consensual sexual interaction with the victim on the night in question.

Garda Bellew agreed with Dominic McGinn SC, defending, that his client answered all questions put to him by gardaí and handed over phones and clothing.

Mr McGinn asked the court to take into account the “limited” mitigating factors including his client’s lack of previous convictions and co-operation with gardaí.

After the judge noted that Kestell was “not particularly truthful” in his dealing with gardaí, Mr McGinn noted that his client did not obstruct the investigation.

Mr McGinn said his client has a solid work history and is a father of three adult children. He told the court that Kestell’s marriage is “no longer viable” since his conviction.

He submitted to the court this was an opportunistic crime, which involved no violence beyond that of the act itself.

During her victim impact statement, Ms Doyle said she was asked during cross-examination why she didn’t immediately tell her partner when she returned home after the rape.

“How silly of me not to follow the textbook of rules immediately after [being violently raped],” she said. “Who says what is right or wrong or how to behave after a sexual assault?”

She said society’s perceptions are “all wrong” and need to change. She went on to thank the Garda, prosecuting counsel and the Dublin Rape Crisis Centre.

She also expressed her thanks to the jury who had “given me the chance to live again and be a mam, something I’ve not done or been able to do for the last four and a half years. Words can’t express what this means to me and thank you from the bottom of my heart”.

She also thanked her partner and her children, some of whom were in court. She said she was wrong when she told them before that monsters aren’t real. “Little did we know that this monster lived so close by and knew our family. I’m sorry I haven’t been able to protect you, my babies, from this horrendous experience”.

She noted that some of her adult children attended the trial and heard “vulgar and distasteful lies told about (their) mother”, which she described as “heart-breaking”.

But, they remained dignified and strong, and she said she was “very privileged and proud as always to be your mammy”.

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