Monday 5 December 2016

Prosecutors to argue 15-year prison term 'unduly leniant' for man who attacked woman and abducted her child

Ruaidhrí Giblin

Published 14/03/2016 | 16:57

Michael Murray
Michael Murray

Prosecutors will seek to argue in July that a 15-year prison sentence imposed on a man for the rape and sexual assault of a woman, whose child he abducted in the same incident, was “unduly lenient”.

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Michael Murray (44), formerly of Killiney Oaks, Killiney, Dublin, who was jailed at the Central Criminal Court in 2013 for 15 years for rape, attempted rape, oral rape and aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment and theft.

The jury was told that Murray lured his female victim into an apartment by telling her that an elderly woman was dying inside and needed her help.

He tied her up and assaulted her before taking her son away abandoning him in a city centre square late at night. He returned to the flat where he drugged and raped his victim.

The offences all occurred February 12th and 13th, 2010 in a Dublin apartment. Murray denied the charges, however he was found guilty on all counts by a unanimous jury decision.

During procedural matters in the Court of Appeal today, Mr Justice George Birmingham fixed the DPP's appeal for hearing on July 7 next.

Murray is also due to appeal his conviction. However, the court heard today that the DPP's appeal will proceed first.

Earlier this month, Murray lost an appeal taken against the State after it emerged his solicitors' calls were recorded in prison.

Murray had sought injunctions restraining prison authorities from intercepting his calls, certain declarations and damages but the High Court dismissed his action taken against the Irish Prison Service and Minister for Justice.

Dismissing his application in the High Court last July, Mr Justice Séamus Noonan said it was beyond dispute that the recording of Murray’s telephone calls was “inappropriate and ought not to have occurred”.

There was however, “undisputed evidence” that the calls weren’t accessed. Similarly, evidence was unchallenged that the recordings were made inadvertently, the judge said.

Murray appealed his unsuccessful High Court case but this too was dismissed by the Court of Appeal earlier this month.

Giving judgment, Mr Justice George Birmingham said the court as in complete agreement with the approach taken by Mr Justice Noonan.

The application was “without substance” and the appeal “without merit,” he said.

Both courts awarded costs against Murray.

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