A judge has jailed a 49-year-old man for four years and eight months for the false imprisonment and assault of his ex-partner during a ’terrifying ordeal’ at her home in west Clare.
At
Ennis Circuit Court, Judge Francis Comerford imposed a 64-month prison sentence on Kevin Murphy - formerly of Querrin, Kilkee - suspending the final eight months.
At the sentencing hearing, it was confirmed that Mr Murphy is a convicted rapist and that he received a nine-year prison term in 1998 for the 1994 rape offence.
During the incident in west Clare on September 5 last, Mr Murphy pushed his ex-partner into a downstairs bedroom and pushed her face-down onto a bed where he restricted her hands with cable ties and tied them behind her back.
Detective Garda Deirdre Collins told the court year that the woman was “terrified” that Mr Murphy “was going to rape her or kill her”.
She said the woman was too terrified of Mr Murphy to come to court but in her victim impact statement, which was read out by State counsel, Lorcan Connolly SC, the woman said: “It is a very strange feeling to be attacked and in fear of your life knowing that you are powerless to stop it. It was almost a feeling of acceptance."
The woman added: “There is not a whole lot you can do when you are restrained the way I was. I remember thinking “okay, if this is going to happen I need to go quietly because as long as my son is sleeping he is some bit safe.”
She added: “I can honestly say that the last 18 months or so has left me damaged. From his countless extreme and bizarre lies, his cheating, manipulation, continual suicide threats to the attack, my mind has been just worn out and broken. I am on edge all the time.”
She said that Murphy had a “look of evil in his eyes the night he attacked me”.
The woman further stated: “Time will heal, but I am already fearful of Mr Murphy being released. I no longer feel safe or peaceful. The physical injuries have healed but mentally and emotionally I am exhausted."
The two were in a relationship for seven years and have a son aged five.
The woman ended the relationship early last year after Mr Murphy’s cheating but by last September relations had improved and he was helping out with the care of their son.
Detective Garda Collins said Murphy assaulted the woman at her home shortly after she rejected his advances for a kiss and to rekindle their relationship.
Murphy tied the woman’s hands with cable ties, but he released her about an hour and half late after he had calmed down and she persuaded him to undo the cable ties as they were hurting her.
The woman managed to raise the alarm through a text to a friend who in turn alerted the Gardai after Mr Murphy had taken his medication and had fallen asleep.
Detective Garda Collins said that the woman believes that it was a premeditated attack.
She said that Murphy told her “in the kitchen after the ordeal that he had planned it but didn't think it would go the way it did”.
During interviews with gardai, Murphy made full admissions to false imprisonment, tying the woman’s hands and hurting her.
Defence counsel, Pat Barriscale BL, instructed by solicitor, Daragh Hassett, said that Murphy did not disagree with any details in the woman’s witness statement and was deeply ashamed of his actions about someone he cared about deeply
In a report handed into court, Murphy said: “I hate what I did to her. I hate myself for it. I hate that I done that to a woman I care about. I will do anything I can to deal with this.”
He added: “It is not who I am. She didn't deserve what happened to her.”
Mr Barriscale said that his client maintains his innocence concerning the rape conviction from 1998.
Imposing sentence, Judge Comerford said that he wouldn’t add to the sentence because of the rape offence as it is 30 years old, but it did limit the amount of time he could reduce the sentence by way of mitigation.
Mr Barriscale said his client did plead guilty at the earliest opportunity, has shown remorse and a willingness to engage in therapy. He also asked the court to note that his client has had a late diagnosis of bi-polar personality disorder and is prescribed medication to deal with it.
The barrister said that Mr Murphy “realises he has to pay a price and is anxious to get back to society when he can”.
Detective Garda Collins said that Mr Murphy was mainly based on County Tipperary before the relationship and has three children from a previous relationship. He has worked as a chef.
