A MAN has received a 10-year jail sentence for raping his pregnant ex-girlfriend at gunpoint in her home, threatening to kill her and breaking her front teeth.
The judge said three years of the sentence would be suspended on certain conditions.
The 44-year-old man was found guilty by a jury after a 14-day trial last January of rape, anal rape, false imprisonment, possessing a firearm and threatening to kill the woman on September 9th, 2007.
He cannot be identified for legal reasons but was living in Co Clare.
He had earlier pleaded guilty at the Central Criminal Court to assaulting the woman causing her harm on the same occasion.
Mr Justice Paul Carney said the case had been represented as “some sort of family law dispute” following 27 break-ups but he considered it “no such thing”.
“It was serious criminality involving a life-threatening siege which was defused only by the extraordinary skilled and sensitive approach by the gardaí,” he said.
Mr Justice Carney said the victim “was told to look down the barrel of the gun so she would see the bullet coming out”, she was told her friends would be shot when it got light outside and to pass the time she would be raped.
The judge said he didn’t accept alcohol or drug problems or a dysfunctional background as a defence, but acknowledged the man had been hard-working and industrious all his life.
He backdated the sentence to September 2007 and declared the man a sex offender.
Earlier, the man’s father told defence counsel John Phelan SC, that his son’s on-off relationship with the victim had affected his mental health and that his behaviour on the night was “absolutely abnormal”. Mr Phelan submitted that though his client did not accept the rape convictions, he was deeply remorseful for frightening “the great love of his life” with the shotgun. Counsel further submitted that the man was most repentant and accepted he must face the penalty for his actions.
The victim described the night as “mentally torturous” and said she had been made to believe her death and the death of her unborn baby were imminent.
Her victim impact report said she suffered panic attacks, was less trusting of people and found the court case very stressful.
She said the accused was controlling and did not like her getting on with her life. She had an “extreme fear” of the accused, felt he would resent her for giving evidence in court and was fearful about his eventual release.
Evidence was given that the accused had bipolar disorder and was being treated for depression.
Earlier, Det Garda TJ Molloy told the court the accused and the woman had had a “tempestuous” relationship for a number of years but had broken up in June 2007.
He said on the night of the offences the victim, who was almost six months pregnant, had attended a birthday party in a local pub. She was walked home by two neighbours because she was anxious after seeing the accused earlier in the night.
Det Garda Molloy said the woman went to bed alone but woke up at 4.30am to find the accused in her bedroom with a shotgun.
He was angry that she had been out and wanted to know who had walked her home. He hit the woman with his fist breaking her two front teeth before jabbing her cheek with the gun and then giving her a blow to the forehead.
The man told her to say her prayers because she was going to die and told her to look down the barrel of the gun so she could see the bullet coming.
The accused lined shotgun cartridges along a chest of drawers and said he intended to shoot a number of her friends. He said he could not shoot them until daylight because no one would open the door at night so he would rape her to pass the time. He then raped her vaginally and anally.
Afterwards they both had a cigarette and the dynamic seemed to change. He told her his mother was ill and he could not live in the world without the two women he loved, her and his mother.
Later a cousin of the man discovered his car and shotgun were missing.
He became anxious as he knew there were issues between the accused and the victim.
He rang the accused and asked for the gun back, but the accused said he was not ready to give it back. He went to the Garda station at about 7.30am and spoke to the accused in the presence of gardaí.
Gardaí became concerned and Sgt Brian Howard identified himself over the phone to the accused at about 9.55am. They spoke to the victim who seemed okay but frightened.
They spoke to the accused again on the phone about an hour later. An arrangement was made that the accused would put the shotgun and cartridges into his cousin’s car at the back of the house and gardaí would leave him a packet of cigarettes.
He would then leave the house at 11.30am.
Det Garda Molloy said he went to the scene, left the cigarettes, and drove away the car containing the shotgun and cartridges. The accused and the victim were brought to the Garda station soon after where they both received medical attention.
The victim was brought to hospital to be treated for her injuries and to confirm her unborn child was unharmed.
The accused was brought to Ennis psychiatric hospital where he remained for some days.