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26/07/2021

Man convicted of orally raping and repeatedly assaulting his younger brother

Man convicted of orally raping and repeatedly assaulting his younger brother

A Dublin man has been convicted by a jury of orally raping and repeatedly assaulting his younger brother.

The accused man (36), who cannot be named to protect the anonymity of the complainant, was accused of orally raping his then 11-year-old younger brother and beating him “nearly every day” until his brother left the family home when he was 16.

The accused had pleaded not guilty before the Central Criminal Court to ten sample counts of oral rape at the family home in Dublin on dates between March 28, 2001 and March 27, 2006.

He had also pleaded not guilty to seven counts of assault causing harm and one count of production of an article to unlawfully intimidate at the same address during the same period.

On Friday, after deliberating for three hours and 39 minutes, the jury returned unanimous verdicts of guilty on all counts of assault causing harm and on two sample counts of oral rape on dates between March 28, 2001 and March 27, 2002.

Justice Michael White had earlier directed the jury to return verdicts of not guilty on the remaining eight sample counts of oral rape.

The jury also returned a verdict of not guilty on the charge of production of an article to unlawfully intimidate. This charge related to the accused allegedly putting the barrel of a loaded shotgun in his younger brother's mouth.

Justice White remanded the accused man in custody and adjourned the case to May 24, next, when a sentencing date will be fixed.

During the trial, the complainant gave evidence that he was 11 or 12 years old the first time something “not good” happened.

The complainant said that he got “hidings” from his older brother and he was also hit with weapons, baseball bats, hurleys and sticks. He said he was beaten up “nearly every day” until he left the family home when he was 16 years old.

The complainant said his older brother made him “suck his dick” on two occasions when he was 11 years old. He said the first time ended when another of his brothers walked in.

He said he did this because his brother told him to do it and because he was a child. He said his brother pushed his head down with his hands while this was happening.

He said he could not remember if his brother ejaculated on either occasion. He said he felt “sick, confused, lost” after this happened.

The complainant testified that one night his brother called him downstairs to the kitchen and put the barrel of a loaded shotgun in his mouth. He said he was “very scared” and could not remember what his brother was saying.

He said his brother once hit him with a baton with nails in it leaving him with holes on his back. He said on another occasion he went to hospital after his brother threw darts at his foot.

The complainant said his brother told him to “rob” houses nearly every day. He said his brother would sell anything he took and give him a “hiding” if he did not take anything.

He said his older brother made him and another of his brothers fight.

Another brother of the accused and the complainant said the accused used his younger brother “for a dartboard”. He said he remembered the complainant's whole foot being black from dried blood because of darts going in many times.

He said he remembered going into a bedroom in the family home and seeing the accused man on the top bunk with a blanket over him. He said he asked where the complainant was and the accused man started laughing.

The man said the complainant popped his head up from under the blanket and he saw the accused pulling his boxers up. He said he knew what the accused was doing then, but that the accused started hitting him and put a pillow over his face under he agreed he would not say anything.

The jury heard that while being interviewed by gardaí following his arrest, the accused was asked if he ever got his younger brother to give him “head”. The accused replied that it is “a possibility”.

A garda sergeant asked what he did to his brother and what his brother did to him sexually. The accused replied his younger brother “probably gave me a bit of head”.

Asked if this happened many times, the accused replied that this happened “once or twice”.

Asked if he made his younger brother do this to control him, the accused replied no, that he was drunk and out of his head on “E” and that he did not even remember all this.

Additional evidence

In his closing speech to the jury, Paul Carroll SC, prosecuting, said that the prosecution says that the memo of interview with the accused affirms the allegations of the complainant and that “it is in effect admissions” by the accused.

Mr Carroll said that when their father was gone, the accused man was “the boss” and he was “going to lay down the law”. He said the accused accepted he committed violence while being questioned and then said he only did “what was done onto him” by his father.

In her closing speech to the jury, Kathleen Leader SC, defending, said there was no explanation for the long delay before the alleged offences were reported. She said there was no suggestion that the complainant was under her client's control or had no support.

Ms Leader asked the jury how reliable her client's statement to gardaí was coming after protracted questioning, repeated denials, a long day and his taking various medications.

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