A man serving 15-years for the rape and sexual assault of a woman, whose child he abducted in the same incident, may face an “undue leniency” appeal by prosecutors before his appeal against conviction.
Michael Murray (44), formerly of Killiney Oaks, Killiney, Co Dublin, was jailed at the Central Criminal Court in 2013 for 15 years for rape, attempted rape, oral rape and aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment and theft.
The jury was told that Murray lured his female victim into an apartment by telling her that an elderly woman was dying inside and needed her help.
He tied her up and assaulted her before taking her son away and abandoning him in a city centre square late at night. He returned to the flat where he drugged and raped his victim.
The offences occurred between February 12th and 13th, 2010 in a Dublin apartment.
Murray denied the charges, however he was found guilty on all counts by a unanimous jury decision.
The Director of Public Prosecutions (DPP) is seeking a review of Murray’s sentence on grounds that it was “unduly lenient”. He is also due to appeal his conviction.
In the Court of Appeal on Wednesday, Barrister Colman Fitzgerald SC, said he understood Murray had directly communicated with the court saying he wanted to “dispense with our services” and other messages were “internally inconsistent”.
Mr Justice Birmingham said the president of the Court of Appeal, Mr Justice Seán Ryan, had earlier indicated some “impatience” and if necessary the DPP’s undue leniency application would have to proceed first.
Where there were “cross appeals”, Mr Justice Birmingham said it was normal practice to hear conviction appeals first, but the court had departed from that once before where it appeared there was no enthusiasm on the part of the appellant to get his conviction appealed on.
In that case, the DPP were concerned that by the time their appeal would be heard, the sentence would have been served in full or in part.
Mr Justice Birmingham adjourned Murray’s appeal which was due to be heard next week.
Proceeding with the DPP’s undue leniency appeal was “one option”, he said, and he put the matter in for case management on Friday week.
Mr Fitzgerald said he would communicate to Murray that he was “at risk of having the normal order reversed”.
In March, Murray lost an appeal taken against the State after it emerged his solicitors’ calls were recorded in prison.
Murray had sought injunctions restraining prison authorities from intercepting his calls, certain declarations and damages, but the High Court dismissed his action taken against the Irish Prison Service and the Minister for Justice.
Dismissing his application in the High Court last July, Mr Justice Seamus Noonan said it was beyond dispute that the recording of Murray’s telephone calls was “inappropriate and ought not to have occurred”.
There was however, “undisputed evidence” that the calls were not accessed. Similarly, evidence was unchallenged that the recordings were made inadvertently, the judge said.
Murray appealed his unsuccessful High Court case but this too was dismissed by the Court of Appeal in March.
Giving judgment, Mr Justice George Birmingham said the court was in complete agreement with the approach taken by Mr Justice Noonan.
The application was “without substance” and the appeal “without merit,” he said.
Both courts awarded costs against Murray.