Friday 30 September 2016

'Evil' rapist who laughed at victim 'wise to withdraw appeal' - judge

Ruaidhrí Giblin

Published 03/03/2016 | 14:09

Photo: Getty Images/Ingram Publishing
Photo: Getty Images/Ingram Publishing

A man jailed for seven years for raping a woman in her home four years ago was “wise” to withdraw his appeal this morning, according to the Court of Appeal.

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Lovemore Dube (28), with addresses in Limerick and Cork, had pleaded guilty at the Central Criminal Court to raping the middle aged woman at her home in Cork on July 23, 2012.

The Zimbabwean national was sentenced to nine years imprisonment with the final two suspended by Mr Justice Paul Carney on January 31, 2013.

Dube was due to appeal against the severity of his prison sentence today in the Court of Appeal.

However, before proceedings began, Dube's barrister, Thomas Creed SC, told the three-judge court that his client wished to withdraw his appeal.

Mr Justice Garrett Sheehan said it was a “wise application” in the court's view.

Mr Justice Sheehan, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, said the court would allow Dube's appeal to be withdrawn.

Dube, who had been transferred from prison to court for the day's proceedings, was lead away by prison officers to continue serving his sentence.

Case

The vicious attack by Dube, a Zimbabwean national with addresses in Limerick and Cork, resulted in the middle-aged woman having to be tested for both HIV and hepatitis. The tests proved negative.

It also emerged that the keys to the woman's home were later found amongst Dube's possessions at Cork Prison.

Dube pleaded guilty to raping the middle-aged woman at her home in Cork on July 23, 2012.

He had tricked his way into the woman's home by pretending he was her partner when he knocked on her locked door.

Mr Justice Paul Carney said in the Central Criminal Court at the time it was a very disturbing attack.

"(The rape was) violent and insulting and left the victim severely traumatised and injured. She was particularly upset that this happened in her own home," he said.

She was left further traumatised by having to undergo HIV and hepatitis testing due to what was described as an incident in Dube's past.

Mr Justice Carney registered Dube as a sex offender and imposed a nine-year prison sentence with two years suspended because of his guilty plea and remorse.

Dube had laughed at the woman as he held her down and raped her. During the attack he repeatedly slapped the woman and bit her breasts.

The victim said she believed the attacker was enjoying her suffering and had "evil" in his eyes.

"The fear I felt could not be described. . . I prayed to God, Our Lady, the angels and my late grandmother to help save me," she said.

As he raped her, Dube laughed at her and insulted her by calling her "a bitch" and "a slut".

The attack only stopped when the woman desperately asked him how he would react if someone subjected his mother or sister to a similar assault.

Dube then stopped and she managed to push him out of her home.

The woman did not have a phone to raise the alarm and was terrified until her brother and partner arrived back at the property an hour later.

"I hope God will forgive you because I never will. I feel like I have been handed a life sentence yet I committed no crime," the victim told Dube.

The woman said that the pain she endured during the attack was "horrendous" and, at one stage, she was afraid for her life.

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