Four years for sexually assaulting young Limerick girls

first_imgNewsFour years for sexually assaulting young Limerick girlsBy Editor – April 29, 2014 847 Advertisement Print TAGSCourt Reportfeaturedfull-imageJohn DalyJudge Mary Ellen RingMusic Limericko2One DirectionRihanna WhatsApp No vaccines in Limerick yet Email Walk in Covid testing available in Limerick from Saturday 10th April Surgeries and clinic cancellations extended Previous articleMrs Roosevelt is comingNext articleDundon and Killeen trial adjourned for prison recordings to be disclosed Editor center_img Linkedin RELATED ARTICLESMORE FROM AUTHOR Facebook Twitter Shannondoc operating but only by appointment First Irish death from Coronavirus Judge Mary Ellen RingJudge Mary Ellen RingA CONVICTED sex offender who sexually assaulted two Limerick girls on the Luas on their way to a Rihanna concert has been given a four year sentence with the final two years suspended.John Daly (53) was arrested three months later as he was about to board the tram at the O2 after a One Direction concert. He had been identified as a suspect after Gardaí viewed CCTV footage from the tram when the then 13-year-old and 16-year-old girls reported him.Sign up for the weekly Limerick Post newsletter Sign Up He admitted that he deliberately got on the Luas for the Rihanna concert to touch young girls and get sexually aroused.He said he had it “in my head to do it” and had been doing it “for my own satisfaction”.Daly of Cabra Park, Phibsboro pleaded guilty at Dublin Circuit Criminal Court to two charges of sexual assault on October 3, 2011.In February 2000, he was sentenced to three years with one suspended by Mr Justice Paul Carney in the Central Criminal Court for other sex charges. This sentence was appealed by the Director of Public Prosecutions on the basis of undue leniency and increased to a six year term by the Court of Criminal Appeal.Daly had pleaded guilty to attempted rape and indecent assault charges relating to two young girls on dates from 1980 to 1984, and to aggravated sexual assault and sexual assault of a woman on dates from 1997 to 1998.Judge Mary Ellen Ring noted that the concert would have attracted a young and predominantly female audience.“It was clear from the evidence that this was a matter known to the accused and he knew there would be on the Luas to the O2 at the time a number of young females,” she said.She referred to the two Victim Impact Statements which had been handed into court on a previous occasion. She noted one of the girls had coped well with the incident but the other girl had been affected to a greater extent and was more afraid generally.Judge Ring said the incident had been a “shocking and damaging event” for the girls and that there was an element of planning and forethought in the offence.She said that Daly has indicated that he wanted to get treatment and he had been assessed as suitable for the ‘Safer Lives’ programme. It was to everyone’s benefit that treatment should be a part of sentencing but she could not overlook his record and the nature of the offending.She imposed a four year sentence and suspended the final two years on conditions including that he be under the supervision of The Probation Service during the suspended portion of the sentence and attend the programme.Luigi Rea BL, defending, said Daly had been a model prisoner while serving his earlier sentence but accepted that he had obviously not successfully dealt with “the demons in his mind” while in custody. He was now committed to availing of any treatment he can while in prisonA report before the court concluded that he “functions in the mild intellectual disability range”. He wanted to apologise to the girls who had been on this “nightmare train journey” and said this “dreadful” incident should never have happened.Gda Caitriona Gilmartin told Lisa Dempsey BL, prosecuting, that the girls had been brought to Dublin by one of their fathers that day and he had put them on the Luas at Heuston Station when they noticed the heavy traffic.The tram was busy and Daly approached one of the girls and put his hands between her legs. He touched her outside her shorts and tights and continued to molest her until the group got off the stop at the O2.The teenager later reported to gardaí that she felt she had “no way out” because she had been squashed against a bar. She said she didn’t know how to get out of the situation.Daly touched the other teenager’s backside after she bumped into him and apologised for standing on his toe. She moved out of Daly’s way at the first opportunity she got.The girl’s father was waiting for them at the platform at the O2 and they told him what had happened.Victim Impact Reports were handed into Judge Ring at a previous sentence hearing but not read out. Proceedures and appointments cancelled again at UHLlast_img read more

Plea In SC Seeks Guidelines For Time Bound Disposal Of Clemency & Mercy Petitions

first_imgTop StoriesPlea In SC Seeks Guidelines For Time Bound Disposal Of Clemency & Mercy Petitions Sanya Talwar30 Jun 2020 11:17 PMShare This – x A plea in the Supreme Court has been preferred seeking directions for issuance of guidelines via-à-vis disposal of clemency/mercy writ petitions and resultant execution of death sentence in a time bound manner.Advocate Dr. Subhash Vijayran has filed the petition and highlights the irregularities in deciding writ petitions across high courts while particularly focussing on the case of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login A plea in the Supreme Court has been preferred seeking directions for issuance of guidelines via-à-vis disposal of clemency/mercy writ petitions and resultant execution of death sentence in a time bound manner.Advocate Dr. Subhash Vijayran has filed the petition and highlights the irregularities in deciding writ petitions across high courts while particularly focussing on the case of the two child-murderer sisters “Renuka and Seema” convicted of murdering 5 children in a depraved manner. Petitioner argues that while convicts in the Delhi gang-rape-cum-murder case were dealt with expeditiously because the victims parents garnered support and resources to reach out to the judicial system, victims in the Child murderers case were slum dwellers and lacked resources and support due to death sentences of the convicts, though confirmed, is pending since 2014.”I am particularly focusing on the case of the two child-murderer sisters Renuka and Seema – convicted of kidnapping and murdering, in the most depraving manner 5 helpless children – whose death sentences though confirmed by this Hon’ble Court, the President & the Governor – is stayed since 2014, as the Bombay High Court is hearing their post-mercy rejection Writ Petition in the most lackadaisical manner, with a shocking gap of more than 5 years 7 months between two hearing dates at pre-admission stage. Reason: The parents of victims-children are poor-slum dwellers, who have neither the resources nor the reach to garner public support and to wake up our hibernating judicial system” the petition reads.In this perspective, the plea seeks guidelines for disposal of clemency/ mercy petitions, exhaustion of “legal remedies” by death-row-convicts, and execution of death sentences, in a fair, equitable, and time bound manner, in light of the judgments of this Court in Shatrughan Chauhan v. Union of India [(2014) 3 SCC 1] and Shabnam v. Union of India [(2015) 6 SCC 702].Stating that the recent hanging of Delhi gang-rape-cum murder brought glaring systemic deficiencies, petitioner has averred that there is selectiveness in going forward with executions and loopholes are solidly misused like they were in the Delhi case at the eleventh hour. This, it is argued, leads to social discontent.While narrating the sequence of events in the child-murderer sisters case, the plea states that High Court heard the writ petition in the most lackadaisical manner, with a shocking gap of over 5 years 7 months between two dates.”Just because the parents of the 42 deceased children are poor slum dwellers and do not have the means to pursue the case of their brutally murdered children; this is how the Bombay High Court is handling the case.” – plea statesIn this backdrop, the petitioner states that the Constitution mandates the state to provide equal treatment and arbitrarily selecting and selectively executing some specific death row convicts while not bothering to execute other for decades is antithetical to Article 14.”If the courts of law and the government are unable to execute the death penalty in a fair and equitable manner, they should abolish it. But, if they are retaining the penalty, they are constitutionally bound to execute it in a fair and unbiased manner. They can’t discriminate inter se the death row convicts, all of whom are similarly placed. Such discrimination would be arbitrary, unfair, and violative of Article-14 of the Constitution.”Further to this, the petitioner prays for directions to the Union and States to take necessary steps in a time bound manner to execute the sentence of death for those death-row convicts who have exhausted their legal remedies as well as issue notices to those death-row convicts who have not exhausted their legal remedies, directing them to exhaust the same, in a time bound manner.Alternatively, the plea prays for the declaration of imposition of death penalty as unconstitutional on “the grounds of inability of the state to execute the penalty in a fair, just and equitable manner inter-se the death-row convicts, the same being violative of Article-14 of the Constitution of India”.Click Here To Download PetitionNext Storylast_img read more