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Dublin: 11 °C Wednesday 22 May, 2013

Shatter “understands people were disturbed” by details in rape case

Patrick O’Brien, who was convicted of raping his daughter Fiona Doyle, had his bail revoked in court today.

Fiona Doyle leaving the Central Criminal Court in Dublin today embraces her husband Jim (left) and with her son Paddy (right)
Fiona Doyle leaving the Central Criminal Court in Dublin today embraces her husband Jim (left) and with her son Paddy (right)
Image: Julien Behal/PA Wire/Press Association Images

MINISTER FOR JUSTICE Alan Shatter has said that he “understands that people were disturbed” by details in the case where a woman’s father was sentenced to jail over her rape, but let out on bail.

Fiona Doyle’s father Patrick O’Brien was initially let out on bail on Monday after being found guilty on charges of the rape and indecent assault of his daughter over the course of 10 years.  Doyle waived her right to anonymity and spoke out about the fact that though her father was sentenced to 12 years in jail with nine suspended, he was allowed out on bail.

Revoked bail

Bail was revoked in the case today, RTÉ reports, and Mr Justice Paul Carney told the court he accepted the procedure he adopted in sentencing O’Brien was “inappropriate”.

Minister Shatter said this morning that he could not comment specifically on this case, but that he understood that there would be appeals from both sides – from the Director of Public Prosecutions with regard to alleged leniency in the sentencing of O’Brien, and from the other side against the sentence.

He commented:

I can understand that people were disturbed by the terrible circumstances of the individual who made the complaint, who gave evidence in court. No child, no woman should be subject to the type of abuse that she was subjected to.

A review of sentencing in Irish courts is currently being carried out, and Minister Shatter said that he expects that work on this will conclude during the course of this year.

“I know there is public concern that there is a degree of inconsistency in sentencing,” said Minister Shatter. He added that he is also conscious as a lawyer that it is not possible for the media to report everything that occurs in an individual court case.

He noted that An Taoiseach Enda Kenny has indicated he would like to meet Fiona Doyle, adding: “I think we have we have to wait the outcome of whatever proceedings now take place in the Court of Criminal Appeal and I think I have to be very cautious about how I express my views.”

Judge commended

The Rape Crisis Network Ireland said that it welcomed the news that O’Brien will now go to jail to start his sentence.

Caroline Counihan, RCNI Legal Director said:

We commend Judge Carney for recognising and apologising for his earlier decision on bail and in taking swift action to revoke that bail for Patrick O’Brien. We feel this is appropriate given the seriousness of the case. We hope Fiona Doyle feels that she has been heard and taken seriously within the criminal justice system and that this action by the court Judge can go some way to healing the trauma she expressed after the sentence hearing on Monday.

Counihan noted that Judge Carney also spoke about wanting to involve other judges in the decisions he was faced with on Monday. “We hope that judges will use the experience of this case to work with others concerned with the criminal justice system to look at establishing guidelines for sentencing,” she said, adding that the RCNI will also continue to support judges in whatever way is appropriate.

Read: Taoiseach has not yet arranged meeting with Fiona Doyle, daughter reveals>

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Comments (76 Comments)

  • I don’t care how physically sick this man is he should be sentenced for his sick mind.

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  • Delighted with this news, though 3yrs is not even enough for him!

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  • Mrs Doyle is the bravest lady in Ireland. What about her mother, wasn’t it alleged she knew her husband was raping that innocent child? Should she not be held accountable??

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    • Thats a good point Mickey. In so many of these cases the mothers did know. Unfortunatly Ireland in the 70′s (and before) was a dark place. Many a wife stayed quiet about things they knew their husbands were up to, and many a marriage was kept together due to the “you made your bed, so lie in it” thoery that was so commonplace. And fear may have kept may quiet as well.

      It would possibly have brought too much shame on the family to say anything so, better to keep quiet. I am only hypothesising but I think we all know that this was the mindset at the time.

      From personal experince, my father was a serious alcoholic and my mother had an awful time with him. Nothing physical, but it was like living with Jeckyl & Hyde. He is long dead now, but there is no way she should have put up with what she had to, and a wife or partner would probably not put up with it if it was happening now.

      Also, children were to be seen and not heard and if any child back then were to say anything about the likes of this going on they would have been the one to get into trouble, not the real offender. You would like to think that if this were to happen in this day and age, the child would have more of a voice, and a partner would not stand idly by.

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  • Justice – 3 years in jail, he’ll probably be out in 18 months VS a lifetime sentence for his daughter. People call THAT justice.

    DISGUSTING.

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  • At least he is behind bars now, but there are still questions to be answered. 12 years sounds appropriate, why suspend 9 of them? and why was bail given in the first place?

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    • Bail in general cannot be denied unless he is a flight risk or is highly likely to reoffend whilst on bail or is extremely violent and the Gardai recommend he is denied bail. I’m sure that was the rationale for releasing him pending an appeal. It was a judicial own goal really as having been convicted- the learned Judge need not have worried to much about the repercussions compared to if there had not been a conviction yet! I guess the Judge didn’t count on such public reaction …

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    • Maybe so.. if that is the case then he would appear to be out of touch and should perhaps be encouraged to step down. I know Justice Carney had to preside over some of the most harrowing cases of the last 20-odd years, but this must be a signal to give it a rest..

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  • Some kind of justice has been served although 3 years does not compare to 10 years of unspeakable abuse and a lifetime of horrid memories! They need to put the “mother” in there with him!!

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  • sid 24/01/13 #

    I agree the mother should be investigated and prosecuted along anyone else who knew what was going on, teachers , social worker s , neighbors etc

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    • Sid
      Do you want the mother charged before being investigated or afterwards and while you’re at it could you tell us as to whether she should be found guilty or innocent?
      Just look at yourself …..would you!

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    • If the daughter has made no charges to anyone else… Then no one else should be charged.

      It’s up to her and possible other victims to come forward, not the public, to accuse other family members, neighbours, etc. of being involved. Cant sanction an investigation of these people on a member of the publics hunch.

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  • some countries he’d hang some he’d stay in prison till he dies but here he gets a couple of years that he can appeal … the sentencing in this country is just appalling and has to change asap …

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  • Fiona Doyle is brave and a great support for others who have been abused. Her family seem to be immensely strong and love her dearly.

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  • The Judge had the decency to admit he was wrong. Well done to Ms Doyle, who has received justice from our Courts.

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  • Shatter say ‘No child, no woman…etc’ Jesus can’t he just simply say ‘no one’ or better still nobody is entitled to abuse others like this etc.

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    • William
      He’s a lawyer and thats the way he speaks. Is he allowed to do that?

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    • Mark, you seem to be wading through these comment with a degree of arrogance best kept for the open road. With Shatters chosen words he immediately suggested that should a man be raped or abused for years than they might not be entitled to justice. And no, lawyers or solicitors don’t necessarily speak like this. You response to my comment was idiotic, as we’re most of your comments above. You don’t have a point of view but damn that anybody else should have.

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    • @William your right to point out the quirks of human language and social equality in that statement. It’s just unlikely for an adult male to end up in that situation and it has deeper impact talking about protecting women and children.

      I guess he choose impact over being fair. Saying “no one” is in my view, much better, but it’s not deplorable to say women and children instead.

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    • Guys, judging by Mark’s comments on this subject, I would hazard a guess that he is somehow associated with ‘the law’, directly, or indirectly, I may of course be wrong.

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    • Then Shatter should have said what he actually meant, god knows it’s not rocket science, he has paid advisers to prepare his words for him. He’s paid handsomely himself, from society’s point of view these statements are important.

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  • The inside of a prison cell now should wipe the smirk off your mans face

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  • What a courageous woman…..may the rest of her life be wonderful…

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  • Minister Shatter people were not ”disturbed” by the details of the case . People were angry by the lack of justice shown to this lady having had to suffer the ”details” . When will politicians learn that people are fed up listening to platitudes from them . We want the truth and we want the truth to be dealt with honestly and fairly . The judge was wrong in his dealing with this case and people are right to be angry at his lack of justice.

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    • Sorry Eileen but lots of people, including me, WERE “deeply disturbed” by the detail of this case! What normal person would’nt be disturbed by the details.

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    • My Point is: were you not MORE ANGRY that Fiona Doyle did not get Justice ?
      Of course the details of the case were disturbing and we do not need them spelt out to us .
      We are not stupid or insensitive ,but what really made me mad is the fact that the judge was so insensitive to the victim. We have had years and years of deeply disturbing details relayed to us almost daily from the courts and yes I do find them more than upsetting but the lack of justice shown to Fiona is shocking. We vcan not help what has happened to Fiona in the past BUT we can sure as hell make sure that she gets justice in the present.That is my point . Support her NOW when she did not get the support she needed as a kid. Fiona ,RESPECT !

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    • Tks for clarifying that Eileen. Its just that wasnt how your opening sentence read but now clear.

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  • justice system in this country is a farce. the prison system can cope with that dirty tramp and he should have got life in arbour hill. anybody who rapes kids should get a mandatory 10 years no matter how old or frail they are.

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  • give no credit to the judge for changing his mind. he only did so because of the outcry from the public. the judge is as bad as the offender for not dealing with that case properly from the start.

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  • Interesting that there is a feature piece on this news site today on cronyism and the appointment of people with political backgrounds to state boards without due regard for the skills required to carry out their duties. The exact same process of political cronyism applies in the selection of judges for appointment to the District Court and right up to the High and Supreme courts. It’s bad enough that such processes are in place for appointments to state boards but when the same selection process applies in the appointment of judges to dispense justice across the length and breadth of the land leaves the application of the law and the independence of the judiciary very much in question. Setting down policy for sentencing or making provision for judges to involve other judges in deciding difficult cases amounts to little more than papering over a large crack if the matter of judicial appointments is not radically changed.

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  • rape the children of Ireland – get three years. rape the Revenue ie. pay vat on apple’s and not garlic get 6 years . something very wrong with our judicial system

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  • Delighted he got 3 years.shame on the mother for standing by him.where was she when all this abuse was going on.for ten years.she should stand up for her daughter

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  • Throw the key away on the low life

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  • It’s only right that O’Brien is finally jailed for his crimes and 3 years with 9 suspended still seems too lenient given the gravity of his crimes but the fact is that he should have been jailed the first time Justice Carney dealt with his case. It is not good enough for Carney to now ‘apologise’ now, only after the furore his original decision caused to grant this guy bail. Surely someone should be asking wether Carney is fit for purpose, the mans judgement is severely undermined by this fiasco and and his ability to be a judge is certainly questionable. Not that long ago another ‘esteemed and learned’ member of the Irish judiciary handed a ridiculously lenient sentence to one, Anthony Lyons, convicted of rape but given 6 months because he paid the victim €75k. There is obviously something very wrong with the sentencing and the way Irish judges are looking at crimes like rape. Why is that?

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  • Aoife Barry 24/01/13 #

    Hi everyone. I understand this is a serious and emotive issue, but if people could please refrain from making negative personal comments about the individuals here, I’d really appreciate it.

    Thanks
    Aoife

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  • THE WHOLE LEGAL SYSTEM STINKS TO THE HIGH HEAVENS

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  • Delighted for Fiona, though it should have been dealt with correctly and more speedily !!! I hope he stays in jail for the full 3 yrs and suffers every day and beyond. His wife should have gone down too !

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  • Stupid decision to let him out on bail in the first place, obviously political pressure was put on here and I thank whoever it was that got it revoked. But Jesus this sentence is nothing for a sick mind this man has on his head, not to mention the amount of time it was inflicted on her. 10 years!! Sort the courts out shatter, PRONTO!

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  • Reg 24/01/13 #

    Justice done.

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    • Still, 3 years for making someones life hell for 10 years is pathetic. I think it’s time to give the public a say in sentencing and to remove suspensions of sentences.

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    • Reg 24/01/13 #

      Yes three years is too lenient for the crime. My comment refers to the fact that he is now behind bars.

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    • Far from it.

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    • Will it be enough to convince others to come forward and be as brave as Fiona Doyle? I hope so but I feel that 3 years may not be a strong enough incentive for many.

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    • mart_n 24/01/13 #

      Justice done due to what exactly though? it’s good that Carney reversed his decision to grant bail, but that would not have happened if the media and public reaction was not so vocal. Carney has exposed grave inefficiencies in the judicial system, and raised serious questions about the role judges play in it.

      It’s absurd that a senior High Court judge would proclaim that they did not want to take responsibility for sentencing in such a case, after the guy himself pleaded guilty. If senior judges are averse to taking responsibility for jailing such heinous criminals then something major is wrong with the system.

      If the victim in this case had chosen to retain their anonymity, there would never have been enough pressure on the judge to reverse his decision.

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    • This kind of comment is typical for legal people in Ireland.
      We don’t need comments like this.
      Positive action and a change in our banana republic is called for.

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  • ”Taoiseach Enda Kenny has indicated he would like to meet Fiona Doyle, adding: “I think we have we have to wait the outcome of whatever proceedings now take place in the Court of Criminal Appeal and I think I have to be very cautious about how I express my views.””

    Oh ! So that the man who pleaded guilty to this vicious crime can receive justice , to a crime he has already pleaded guilty to ?. That is what is wrong in society these days .We all know what this man deserves …
    Fiona Doyle does not need to meet Enda Kenny to know that she was wronged last Monday .

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    • Eileen
      You are constantly making inappropriate comments and attacking people unfairly. Need I remind you of the loose comments made in the Dail some years ago by Mary Harney when she was a Minister. As a result of her utterings the DPP was unable to bring charges against Charles Haughey.
      Now the Taoiseach and the Minister for Justice have gone as far as they can in this situation without contaminating the case which nobody wants. Please get off your high horse because your on back to front!

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    • Why can the leader of he country not express his views? They seem to be able to do pretty anything in Dáil Éireann with impunity.

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    • He should not express his views on a case still before the courts because of the constitutional separation of the legislature and judiciary.
      The government is not supposed to tell the courts what to do and judges are not to tell the government how to legislate.
      The idea is to create independence to prevent corruption, tyranny etc.

      It’s often one of the first pillars to fall in a country moving away from democracy.

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    • Miss Terry
      …..and you think we live in a democracy ??? Lol Good luck with that one .

      By the way I do not think any one wanted the politicians to tell the judges what to do . Just that people are outraged at the leniency of the sentence .
      And those ”loose comments” were indeed accidental !
      Mark, andrew, dillon, vincent , mick, joe . GFY. Trolboy.

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    • Hi Eileen,

      I was just responding to Eamonn’s question as to why the Taoiseach couldn’t/shouldn’t/didn’t give his opinion.
      It was a point of information and right or wrong, that’s the logic behind it. :)

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  • delighted that man finally got jail

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  • In such a very sad and horrible case it is gratifying to see the Judge take note of the personal hurt and the public revulsion. We should give him some credit for this.

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  • Disturbed? Minister, you are so out of touch it is ludicrous.

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  • Maybe we should start with public flogging and then throw people to the wolfs lets turn croke into a coliseum as well. We appoint judges to do there job and impose the law. civil servants to provide guidance about applying the law and politicians to make laws. In this case there seems many failures, most cases of rape fail to reach court and many fail to get a conviction . Ireland deserves better.

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  • Anyone with legal experience want to share why there can’t be a referendum or some sort of legal movement done to change sentencing laws so that people who commit serious crimes such as Fiona Doyles father can be appropriately sanctioned???

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  • All right Alan! Great job af taking a stance! This issue was a no brainer. How about tackling something like excessive politician salaries and outrageous pensions.

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  • shatter should be put on a first class flight to iran.

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  • Sorry didn’t mean that please delete comment

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  • Sebroc G 24/01/13 #

    He’s an ailing 72 year old man!! Do you honestly think that’s punishment enough?!?

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