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File image of Jeffrey Donaldson arriving at Newry Courthouse on 22 June Alamy Stock Photo
Courts
Jeffrey Donaldson's barrister tells court his sex crime convictions 'obliterate' achievements
The prosecution told the court that the ‘aggravating factors are considerable’.
JEFFREY DONALDSON’S BARRISTER has told a pre-sentence hearing that his sexual offences “obliterate” any achievements that the former DUP leader made in his life.
In June, Donaldson was convicted of 18 counts of sexual abuse, including one count of rape, against two women when they were children.
He was this morning taken to Newry Courthouse from Maghaberry Prison, where he has been held in custody since he was found guilty on all 18 charges in June.
Addressing the court for a pre-sentence hearing, prosecuting barrister Rosemary Walsh KC sought to “remind the court of the facts”.
She noted the “disparity” in age between Donaldson and the two victims, as well as the young ages of the two victims at the time of the offending.
Walsh also noted that Donaldson continues to deny the offences, which she said is an aggravating factor. In July, Donaldson lodged an appeal against his convictions.
She referred to the victim impact statements which have been lodged and stated that one of the victims said that the abuse has impacted her “every day” and has also impacted “every relationship” she has had since.
The court was also told that “on a daily basis, she wishes that she could die”.
Walsh added that being accused of “making it up had made everything worse” for the victim.
The second victim in her impact statement said there was “pressure to keep the defendant’s behaviour a secret”.
Walsh said this victim stated that she has carried “shame for most of her adult life”.
She added that this victim has suffered from anxiety and that her trust in others has been deeply affected.
Walsh also said the woman felt “exhausted at having carried the abuse for so long” and that she had suffered from stress due to the trial.
Aggravating factors
Walsh said she “took on board observations” of Donaldson’s legal team with regard to mitigating factors but said that the “aggravating factors are considerable”.
As well as the “disparity” in ages between Donaldson and the victims at the time the abuse took place, she also pointed to the “protracted nature of offending”, with the offences committed between 1985 and 2008.
Walsh said that the “gap between offences should be taken into consideration, alongside the fact [that] there are two victims”.
She called on the judge to impose a sentence which is “appropriate given all the circumstances”.
She added that other aggravating features included the “element of planning”.
While she said it was not the case that the abuse was “planned long in advance”, she told the court that there was a degree of planning in the “immediate period of time before”.
She explained that the abuse was not “meticulously planned months in advance” but there was some “prior preparation”.
“It could be inferred that it didn’t happen out of the blue and there was a degree of planning and preparation,” said Walsh.
Donaldson’s barrister, Kieran Vaughan KC, acknowledged that “given the nature of the offences, the court will impose a lengthy custodial sentence”.
Vaughan also accepted that there were “some aggravating factors” but asked that the judge be “cognisant of double counting and an overly lengthy sentence”.
Denial
He also took issue with the “suggestion of planning”.
When it comes to mitigating features, Vaughan accepted that Donaldson continues to deny the offences but asked the court to “bear in mind he is 63 and a man of previous good character”.
He added that there was “no offending of this type over the last 18 years”.
“In that period of time, Donaldson has, or did, achieve significant things in his life,” said Vaughan.
“And I readily accept, immediately after what I just said, that these convictions obliterate all those achievements that he has made in his life.
“And that’s something that he will have to live with.”
Judge Paul Ramsey said he was “not in a position to sentence today” but will “endeavour to do so as soon as I can when I have considered all the submissions before me”.
He added: “In the meantime, Donaldson will go back into custody and I will alert the parties as to when I can sentence him sometime next month.”
The judge’s final words to Donaldson were: “I will be sentencing you as soon as I can next month, you can go back into custody in the meantime.”
Meanwhile, Eleanor Donaldson (60) was not present in court.
She was found to have aided and abetted her husband’s crimes after a trial of the facts, which was granted on mental health grounds.
The judge said he intends to deal with this matter in mid-November.
While the judge said he didn’t need Eleanor to come before the court, he did express a desire to “speak directly” to her and asked that she appear before video link if possible.
The judge said he “appreciates” the medical dimension but added that it is his “practice” to speak directly to “any party and I want to do this in her case”.
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