Abigail Rieley

Writer and Author

Tag: Rape (page 1 of 2)

Remembering a monster

Over the past few days this post has been getting a lot of traffic. Written back in 2009, it was my musing on how “Captain” Eamon Cooke, pirate radio legend and notorious paedophile, was still allowed his legendary status by some in the radio industry. Over the years the post has gathered quite a few comments, including from some of those who worked at Radio Dublin and others closely connected with Cooke himself. It’s hardly surprising given Cooke’s death last week and the astonishing news that he may well have been responsible for one of the most famous child disappearances in Dublin, that of 13-year-old Philip Cairns in October 1986.

But perhaps astonishing is the wrong word to use here. When I first read the initial RTE report on Saturday my gut instinct was that the story was credible, though unlikely to be ever proven. Cooke’s 2007 trial was one of the first sex cases I covered in the Dublin courts and gave me an opportunity to watch the monster at close quarters. It was not the first time Cooke had been on trial. He was convicted of a string of sexual offences against 4 victims in 2003 and sentenced to 10 years in jail but was released 3 years later in 2006 on a legal technicality. Cooke was one of those who benefitted from the existing Irish law on statutory rape being ruled unconstitutional as it did not allow for a defence of honest mistake about the victim’s age. The 2007 went ahead with 2 of the original complainants and should have only lasted a week or two.

Cooke grandstanded the whole way through the trial. It took place in one of the smaller courtrooms upstairs in the Four Courts, a tiny, airless room, especially on a warm summer’s day. Everyone found it airless but Cooke played up the elderly infirm little old man. He insisted on having one of the prison staff bring him a jug of water, while one of his victim’s took the stand. Evidence that should have taken a day or less to give was dragged out over days as he insisted on regular breaks. A trial that should, on the evidence, have taken no more than two weeks, dragged on for a month. I would see the two women who were the chief prosecution victims in the pub across the road from the courthouse at lunchtime every day. I found it more difficult than I ever have to keep a journalistic objectivity as I had my own reasons to identify with the evidence they gave. The same reasons that eventually made me stop covering those kinds of trials (nothing to do with Cooke – but one shrivelled, manipulative psychopath is much like another).

Sentencing Cooke, Ms Justice Maureen Clark, expressed a wish to make all his sentences consecutive rather than concurrent, as she had to under Irish law. Cooke was found guilty on 42 counts which would all have . If the sentences had run consecutively he would have faced a sentence of decades rather than the 10 years he received. With someone like Cooke, who it would be no exaggeration to describe as Ireland’s Jimmy Savile, such a sentence would have surely represented justice – but simply wasn’t possible under Irish law.

I had wanted to cover the trial though – call it curiosity. Anyone who’d worked in Irish radio knew about Captain Cooke. Back in the days of the pirate radio stations, before commercial licences were finally awarded in the late 80s, Radio Dublin was one of the first and one of the biggest. Cooke was a larger than life character but one that there were always stories about. A lot of people, judging by the stories you’d hear in radio circles when I started in the 90s, knew that there was something predatory about Cooke. It was well known that he had a nasty violent streak.

I’ve seen comments on social media the past few days about the need for caution with a case like this. We all know Cooke was a monster but surely he’s too convenient a hook to hang this on? What if the real culprit is still out there? But my feeling is that it’s a neat fit because it’s the right one. The gardai were obviously convinced by what they’d been told and Cooke was that much of a monster.

I’m not just basing that on the evidence I heard or a few weeks in an overly stuffy courtroom. Before I started working in the courts I had come across Cooke in another capacity. I had taken a break from journalism to focus on writing and was doing contract jobs in the meantime. I spent several months working for the All Party Oireachtas Committee on the Constitution who’s job it was to take submissions to decide where the Constitution needed updating or revising. I was there while they were examining the portion of the constitution that concerns the family – so we were looking at fathers’ rights, the place of the woman in the home, adoptive rights, gay marriage and the definition of the family – all things guaranteed to get a spirited response from the various sides. It was a major part of my job to go through the submissions received each day, copy and file them and write up a summary for the committee. I would flag major submissions on both sides and the best reasoned individual submissions were brought to notice.

One day a submission came in from Eamon Cooke. I recognised the name at once as I’d been following his 2003 trial, and noted that the letter was posted from prison (either Arbour Hill or Wheatfield I think, but I forget). Cooke argued passionately for the rights of fathers to have access to their children. He spoke of his own situation and how, since he had gone to prison, he was finding it difficult to see his children (I know he had 11 children aged between 4 and 18 at his 2007 trial). He argued for the rights of fathers in prison. He talked about custody issues. He neglected to mention the fact that the reason he was in prison was for sexually abusing children. One of my colleagues read the submission as well and not recognising the sender, wanted to make sure the politicians saw it. I made sure the submission had a note on it about Cooke’s conviction and the inadvisability of using it as grounds for any findings. If I had recognised the name, any other journalist would have done the same. I was shocked by how brazen Cooke was but it really fits with everything else I’ve learnt about him over the years. It would also fit with the kind of psyche who would hide a murder for 30 years and refuse to say where the body was even on his death bed.

I presume that submission is still in a file somewhere, but since the Committee was disbanded long ago goodness knows where you’d find it. I was told at the time, when I asked about access to the submissions in the future, that once the report was published the submissions were a matter of public record. This isn’t my field anymore, but given the recent revelations I thought I’d add this.

Cooke was a monster. He was uncovered as a monster many years ago but as with any prolific, narcissistic predator, there were many silent, ignored victims. Knowing a dark truth about someone who puts a carefully crafted face to the world can be a very lonely place to be. There’s no way of knowing, until that truth comes out, if you are alone or one of many – and men like that guard their reputations. In 2009, when Cooke appealed his 2007 sentence he complained that the allegations against him were simply to harm his reputation. When Radio Dublin staff walked out in 1978 and left the station off air while Cooke was in Spain (according to evidence given during his 2007 trial, with the winner of the competition for the holiday, a 15 or 16-year-old girl) he took to the airwaves on his return to refute allegations of child abuse. If you’ve a strong stomach you can hear part of that broadcast in this clip which someone uploaded to Youtube after that trial.

I hope that for Philip Cairns’ family and Cooke’s many victims there is some peace but men like Cooke don’t leave peace in their wake, they leave shattered lives. A truly evil man has died and, if it is true about Philip Cairns, he kept his power to the end. That sort always do.

Lovely Girls, 20 Years On…

You’re the state broadcaster of a small country. You’ve secured the first European interview with two of the recently released Russian punk feminist activists Pussy Riot. Do you arrange an interview with one of your most experienced interviewers, a woman possibly, known herself for her championing of women’s rights in Ireland? Do you plan a wide ranging issue that will cover the context of these courageous young women’s stand, their subsequent incarceration and their points about the Russia they’ve grown up in? Do you draw sensitive comparisons with tensions in Irish society to produce a hard hitting interview that will be shown as a stand alone broadcast with quotes trailed across news coverage and circulated to other news outlets both in Ireland and abroad to generate as much coverage of what is undoubtedly an important and notable coup for the station?

Or do you instead put the interview on a light entertainment show on a Saturday night, giving the host the brief to approach his guests with all the sensitivity of the famous Lovely Girls episode of Father Ted? The state broadcaster is RTE. The country is Ireland. The interview takes place on the Saturday Night Show. It’s the car crash you would expect – and you don’t have to take my word for it. Here it is.

I mean, where do you start with that? Host Brendan O’Connor stays true to Father Ted by repeatedly referring to Nadezhda Tolokonnikova and Maria Alyokhina as “girls”. O’Connor, fresh from the previous week’s Iona-gate, or should that be Panti-gate,  transcript here, feels the need to have an explanation of why he was caught kissing a bloke on the telly. He asks them whether they think Madonna is an activist like them. He tells Nadezhda and her husband Pytor Verzilov to stop having a “domestic” (although I would dearly love to know exactly what the two women were actually saying in Russian. I have a feeling Pytor was delivering some of the most tactful translation we’ve seen on Irish television in years. My respect for them all actually went up by a couple of notches when they lasted to the end of the interview, even if they made a pointed exit at the earliest opportunity.

I wish that this thing was a one off but sadly it’s not. The list of mind boggling clangers from the national broadcaster is far too long to go into here – those moments when you do a double take because you can’t believe you’ve just heard or seen what you have just heard or seen. The moments when you take to Facebook or Twitter because if you didn’t laugh you’d cry. The moments when you find yourself referencing Alan Partridge or Ricky Gervais, when you ruefully say “I hope this doesn’t go viral”. We’re used to it here. Ireland is a small country and sometimes the inevitable tinge of parochialism lends itself to rather jawdropping lapses of judgement.

The Irish tend to be a kind nation. You won’t get the character assassinations here that accompany a high profile slip elsewhere. It might be hard to  believe in the cut and thrust of the social networks but there’s still a very strong sense of the old adage, if you can’t say something nice, say nothing. But this one humane characteristic can also be one of the most dangerous. It can mean that the bar isn’t raised high enough because the constructive criticism wasn’t there. It can mean that complacency flourishes and egos go unchecked. At it’s worst it can lead to a blind eye being turned on a golden child.

We cringe at the Pussy Riot interview, as we should, but that’s not enough.  We should also be angry at a wasted opportunity. Pussy Riot protested against an oppressive, intertwined church and state. That’s something that should ring a few bells over here. We live in a country where the state broadcaster will buckle at the first hint of a threat from the Catholic right. We live in a country where there is no legislation governing fertility treatment, where we have abortion law for less than a month. We live in a country where men are routinely allowed to escape jail time for sex crimes if they have a large enough wallet – there’s even another one today. But we cringe and we let it go, until the next time. We vent on Twitter, maybe go on a march, but what ever really changes?

Nadezhda and Maria are obviously highly intelligent young women. I wouldn’t be surprised if they chose to accept an Irish pitch for their first European chat show interview because they were aware of at least some of the issues we have in Ireland. I wouldn’t be surprised if they felt a degree of kinship with feminists here. Perhaps they saw Ireland as a country that had come further than Russia but that knew how hard the road was to travel. What they found though was how little has changed. How few women have a voice on primetime broadcasts and how little the status quo has been rocked. The gaffs O’Connor made were those of a man who’s used to referring to his female friends and colleagues as “girls”, who would still make sexist jokes without really thinking about it, who hasn’t really put much thought into the whole sexual equality thing. To be fair, he may well think he’s a fully reconstructed new man who could easily navigate the interview. Someone really ought to tell him otherwise.

What is crushingly depressing about the Pussy Riot interview is the whole inevitability of it. It would have been more surprising to have seen them interviewed by someone like Miriam O’Callaghan in a serious, wide ranging interview that sat proudly in the Prime Time strand or out on its own. That’s what should have happened, but it was never going to. Over the years as a journalist I’ve worked with so many talented, intelligent women, many of whom have gone a long way. But when you step back and take a long look, it’s not enough. I was watching the last part of The Bridge last night and it struck me just how many strong female characters there were. But the really extraordinary thing was that this wasn’t a thing. It’s not a madly feminist series. These were just women. Some of them were cops, some of them were stay at home mothers, some were CEOs or scientists. It really wasn’t a thing. That’s equality. I don’t think we’re even ready to begin that discussion here yet.

Methinks They do Protest Too Much

I’ve been having a bit of a contentious time on Twitter lately. It can be like that sometimes and mostly lately I’ve been steering clear. I’m tired of having the same argument. It’s the argument that pops up with depressing regularity whenever someone raises the issue of violence against women. It usually comes when someone has said that this violence is a serious societal problem that we all need to do something about. Yesterday it came up because of this piece in the Irish Times. In it Una Mullally made the point that perhaps we shouldn’t be telling women not to get themselves raped and murdered, perhaps we should be telling men not to be harming women.

Well it didn’t take long for the howling and gnashing of teeth to begin. First they started in the comments below the article, then the row took to Twitter, as these things tend to do. One after another men came forward with their chests puffed out, declaiming that this was a gross generalisation. All men were not rapists and murderers. Sexism! Misandry! What about the Menz!

It’s about the third time this week something like this has kicked off. As I said, on Twitter things kick off which the regularity of an explosions in a fireworks factory made of sawdust. Take your eye off the ball for a moment and Whoosh! I’m tired of hearing the same arguments, receiving the same barrage of hectoring points from some bloke who wants to show me the error of my ways for believing in this divisive nonsense. I’ve had enough.

It’s getting increasingly hard to avoid that hectoring response. If ,as a woman, you identify yourself online as a feminist or are definite in your views there will be invariably be someone waiting in the wings who wants to tell you how wrong you are. While I’m all in favour of freedom of speech and while I’ve no problem with lively debate I am sick and tired of trying to make my point to someone who is only interested in getting the last word. This is why I usually lurk Twitter late at night talking about 70s TV. The discussions can get heated there as well but no one tries to shout you down.

There’s a particular type of arguing here that really sets my teeth on edge. It’s not restricted to gender politics either, I’ve encountered the same response when talking about other types of discrimination. The attitude that will invariably be shouted loudest is the one telling me to shut up, telling me that I’m exaggerating the problem, telling me I’ve got it wrong.

Normally I try to calmly reason with them. I try to make them see my point and to demonstrate that their argument is built on a principal of denial. I’m all right Jack. But we come back to the beginning again and again and I really don’t think anyone learns anything.

No if you’re reading this and your fingers are already itching to jump in there to tell me I’m generalising wildly, all men are not like that and I’m just another one of those ranty feminists, let me stop you right here. Chances are we’re not going to agree. Here’s why.

We all look at the world through the lens of our experience. If you go through life and don’t see any of the sharp edges then well done, congratulations, you are charmed. But I’ll tell you now, we’re not looking at the same world. The very glass that makes up the lenses through which we see is fused from different elements. I can’t not see the corners. But I can point them out.

Firstly let’s start with the very, very basics. I’m not a feminist because I hate men. I’m not a feminist because I just want to be argumentative. I’m a feminist because when I look at the world we live in today and see women like me denied education, denied freedom, denied a voice, it makes me very, very angry. Sure, as a white, middle class woman living in Western Europe I’ve got it easy. I come from a culture where I can choose the man I marry, where I can continue my education and where I can vote for a say in how my country is run. I am not forced to sell my body and by and large I’m not marginalised. But that doesn’t mean I don’t see how much easier it is for men to get on in this fine country of ours.

When I worked in radio I often heard that my female voice was just going to irritate listeners. On Irish radio in general two thirds of the voices you will hear belong to men. Women, who lets not forget make up around 50% of the global population, make up only 13% of our elected representative. As a writer I know that my work is likely to be under reviewed and that my book will be more likely to get a softly feminine cover regardless of it’s subject matter because of my gender. I know that while education was never an issue for me it’s not that long since a third level degree was an impossible dream for women. I worked in the criminal courts for over six years and when you’re there on a daily basis you realise that the majority of crimes that pass through the Central Criminal Court are crimes against women. So many sex crimes pass through the courts in Dublin that the papers cover only a fraction. Those crimes, I’m sad to say, tend to be picked for their sensationalism, a pretty victim, a particularly brutal accused. I’ve written about so many of them on this blog. Click on any of the women’s names in the tag cloud and chances are you will find a woman killed by the man who was supposed to love her.

And when I get angry about all this, when I say this is ridiculous and must stop if we are ever going to move forward as a people there will always be those who tell me I am wrong. They will be men. I’ve never had this reaction from a woman.

The problem is that it’s all getting worse. When I was a child in the 70s it was fashionable to give little girls tool sets and little boys dolls. Granted this might have been a vogue in our own leafy suburb but back then I never questioned it. I used to laugh at the boys I played with when they told me I couldn’t play Scalectrix or Meccano because I was a girl. It never for a moment occured to me they had a point. That would be utterly bonkers. No if you go to a toy shop you can tell the aisle that’s meant for girls. While the boys are presented with a kaleidoscope of colours the girls have one option. Pink. Let me get this straight. All little girls do not want to be princesses. I always wanted to be the Prince. He got a horse and a sword and got to do stuff. All the Princess did was lounge around and look pretty.

I could go on and on and on with the examples of how this world is still trying to tell women to stay in the background, to shut up, to look pretty. It might seem like I’m off the point here but it’s all part of the same thing. Good girls are still pretty and mute and passive. Good girls need to be protected. Good girls need to be told when they have worried their pretty little heads about something unnecessary.

Because that’s the crux of it. These men who bristle when a point is made, who are so secure in the fact that they are nice men so we shouldn’t be telling them not to rape, who think that we just misunderstand or didn’t do our research, these men need to stop and listen. It doesn’t matter that you are a nice guy and would never harm a woman. That doesn’t mean that others of your sex would. For time immemorial, women have been told to beware, to watch out for the big bad wolf. We’ve been told to watch what we wear, watch how we speak, watch where we look. We are have the population of the planet but we hold a fraction of the power. It’s not an equal playing field. If your fingers are still itching to butt in just ask yourself why? Is it because you are so unsure of your own position that you can’t see the difference between yourself and the bad men? Is it because you started getting irritated by my words because they were written by a woman who really shouldn’t be this forthright? Is it because you need to look at your own attitudes before getting at mine?

I’ve been fighting my corner for a very long time. I’ll continue to do so for as long as it takes. I do not believe that I am any less capable, any less wise, any less worthy of respect because I was born a particular sex. But most of all I don’t see why as a woman I should have to take all the responsibility. Culturally we persist in assuming that men are at the mercy of animal urges. Surely it’s time they shared a little bit of responsibility and showed a bit of respect and a bit of empathy? I’m also confident that any of the lovely blokes that I’ve met, known and loved over the years will read this and not feel victimised. Because those men know that there is a problem and it’s one that we all need to do something about. I can rant until I’m blue in the face but even if every woman on the planet agreed with me we’d only be 50% and an underrepresented 50% at that. We all need to decide that this crap is unacceptable. We need to stop arguing about the bloody details.

Beware the Big Bad Wolf

Mick Phillpott is no bogey man like Sawney Bean

Mick Philpott, who last week was sentenced to life in prison for setting a fire which resulted in the deaths of six of his 17 children, looks set to become the kind of legend that conservative mothers scare their children with when they won’t do their homework and eat their greens. His case has caused political ructions and spawned a slew of TV specials in numbers normally reserved for matters of grave national importance, like wars or epidemics. For a man who loves the limelight it must all be very gratifying, after all he’s no stranger to being cast as public enemy number one.

I’ve hesitated in posting on the case.  After all, it’s only a couple of months since I swore my days of writing about sensational trials are over. But Mick Philpott fascinates me. I’ve seen his type before. Most of us have. While Philpott might be being cast as the product of Trash TV and The Benefit Culture, his story is sadly nothing new. Men like him have been making bogey men for centuries. There’s something about that particular blend of monomaniacal swagger and ruthless selfishness that stops those of us who consider ourselves law abiding, or god fearing or unassuming members of society, in our tracks. We baulk at such shameless profiteering, such casual cruelty. It’s natural. If society has too many Mick Philpott’s in it’s midst the whole thing will come crashing down.

Delivering her sentence, the trial judge in the Philpott case went into unusual detail in highlighting a particular part of the evidence, including matters which had not been put before the jury. Mrs Justice Thirlwall’s full sentencing speech makes interesting reading and it’s also worth reading Grace Dent’s analysis of it. Both make clear the fact that Philpott was a very specific type of abuser. Dent compares him to Fred West, which is a fair enough but I’ve been struck by another comparison , a case I wrote about at the time and which sparked a similar furore in Ireland after the sentence, that of wannabe ruler of the New World Order and friend of social workers and gardai, Ronnie Dunbar.

I sat next to Dunbar for pretty much every day of his trial. That was back before criminal trials moved out of the Four Courts into the new Criminal Courts of Justice and in the absence of press benches the press often found ourselves sitting beside the prisoner in the dock. As the only left handed hack in the pack I usually found myself shunted down to the end of the row by clashing elbows. As a consequence I’ve sat next to quite a few of Ireland’s most notorious murderers. Most of them are very polite.

Dunbar was a particularly chivalrous child killer. He would great me with a warm smile each morning and once or twice bent to pick up a dropped pen. It’s unusual for a defendant to be so outgoing with members of the press but in this case, no one was particularly surprised. We’d already been regaled with stories in the press room from a colleague who’d doorstepped him during the hunt for his victim Melissa Mahon, whose body was undiscovered for two years. This journo, who’d fully expected to have the door slammed in his face was amazed to be ushered into the house. Dunbar shared that with Philpott. He liked the attention.

That craving for attention tends to put us on the back foot. When someone is aggressively upfront and outgoing they illicit a conditioned response. We smile and comply and engage – even if every sense is screaming that this person is as dodgy as hell. Before the brain has a chance to step in the head nods and the mouth smiles politely. Men like Dunbar and Philpott thrive on this. They are not the kind of killers who will hang about on the fringes of a crime, drooling over their gory deeds like the villain in a TV cop show. They will be front and centre, helping in the search, appealing on TV, offering suggestions. Men like that are so obsessed with control that they will try to take it everywhere. They are flamboyant in their seeking, greedy, hungry. We are always put on the back foot.

One of the most horrifying things about these cases is their inevitability, an inevitability most visible in hindsight. Fred West got help to lay the cement in the garage that covered the grave of one of his victims years before he was caught, Ronnie Dunbar became the go to person for albeit reluctant social services trying to care for vulnerable teen Melissa Mahon, Mick Philpott of course, was a memorable guest on the Jeremy Kyle Show. It’s easy to say after the fact that surely someone should have known. Surely the final tragic events could have been avoided? But these cases remind us that real life isn’t that easy. The clues might all be there but the great detective isn’t called in until after the fact and everyone else will smile through gritted teeth until it’s all too late.

It’s not particularly surprising that cases like this become ciphers for other gripes. We seek justification, an easy ending. The idea that someone that blatant, that obviously dodgy, could go about with their swagger wreaking whatever havoc they may doesn’t sit well with an ordered society. So Ronnie Dunbar’s crime becomes a stick to beat the HSE with. Don’t get me wrong, there are massive failings in that area but the Dunbar case was the fault of one manipulative, narcissistic, sociopath not the social services in Sligo town. But it’s easier to think that it could have been prevented if the powers that be had been on their toes. It puts men like Philpott or Dunbar in a box, but that containment is an illusion.

Men like Philpott and Dunbar and Fred West fascinate because they are truly horrifying. They act with such disregard of societal norms that strikes against some very deep taboos. That’s why this particular type of robber baron takes the headlines, why they appear and reappear in fiction and legend. Take the case of Sawney Bean, illustrating this piece. It might have been a piece of anti Scottish propaganda but the tale of Sawney’s cannibal clan was used to terrorise generations of kids. The character crops up across popular culture too. Take Brian Blessed in Terry Nation’s original series of Survivors made in the 70s. His character Brod is a fictional take on much the same kind of character.

I’m not belittling the harm that Philpott, Dunbar and West have done. We are better off recognising this kind of abusive arrogance wherever it occurs rather than treating each new instance as an aberration and looking for somewhere else to lay the blame. Serial killers and cannibals might be outside the norm but narcissistic sociopaths who think the world owes them are two a penny and too many of them get what they want. Take the revelations about Jimmy Saville or the abuse detailed in the Ferns Report (and the rest) or pirate radio’s most notorious child abuser Eamonn Cooke. Abuse on this scale can only take place because an awful lot of blind eyes are turned. Philpott and Dunbar were both treated in the past as harmless clowns. Philpott got to make more TV. Staff walked out of Radio Dublin in the 70s when rumours were known but Cooke’s abuse continued for years. I’ve mentioned a disparate mix of cases in this post. They really only have one thing in common. The sexual abuse of the vulnerable. Arrogant men abuse. Arrogant men who are pandered to and allowed to continue. Sometimes they kill. All of the time they ruin lives.

I’m sick and tired of the constant surprise when these cases come to light. These men are predators. We should instinctively know how to spot them. It should be so deep rooted in us that we will run a mile but again and again those blind eyes are turned and nothing is done until it’s too late. The big, bad wolf is not cuddly. He’s a menace. He’s never a product of a society, however ill. He’s the thing we’re supposed to be keeping out. I didn’t mean for this to turn into a rant but it really does piss me off. As a journalist I watched some of the worst of these as they swaggered through their trials, acting the gentleman or even the victim. I’ve seen their victims tremble. But I’ve also known  my own big, bad wolf and I’ve been staggered at the blindness of others. Can we stop trying to blame these men on societies that are groaning at the seams and take a little bit of responsibility ourselves? I’m not in any way advocating anyone burning out their local paediatrician but if you know a child or a woman or a man who is in actually in trouble and who you genuinely feel is in danger for god’s sake say something to someone. The big, bad wolf does what he likes only when he’s allowed to and we all allow him.

Time to Say Enough

So here I am throwing open my window and shouting out into the night – “I’m mad as hell and I’m not going to take it any more!”. Something has to change and it has to change now. The past week has been a bad week to be a woman in Ireland. Actually not just a woman, it’s been a bad week to be in Ireland.

On Saturday, 70% of the voters in this country were too confused or too apathetic to go to their local polling station and vote on the rights of children. In a country that has seen countless children abused and ignored over the history of the State, you’d think this would be a subject that people might have feelings on. There were strong feelings on both sides but they did not translate to votes. Of the 30% who voted on an amendment that was supported by every major political party, not to mention the majority of advocates for and protectors of children, 40% of that 30% voted No.

On Wednesday the country awoke to the news that a healthy 31-year-old woman, expecting her first child, had died needlessly and avoidably while doctors stood by staring at a foetal heart monitor while the mother died of septicaemia. As the world now knows, last month Savita Halappanavar arrived at University College Hospital, Galway complaining of back pains. She was miscarrying at 17 weeks and her amniotic fluid was leaking. Instead of bringing her in and helping her through this traumatic event safely and speedily, doctors waited until there was no foetal heartbeat before acting. She died in agony a week later after repeatedly asking doctors to terminate her pregnancy. They failed to act. Savita’s husband has said that on at least one of the occasions his wife asked for an abortion she was told that option was not available as Ireland is a Catholic country. There will be an inquiry into what happened in Galway but it’s no surprise to anyone familiar with Irish abortion law that the legal situation is a mess. There’s been a lot written about Savita all over the world over the past two days and there will be a lot more but here in Ireland we’re good at talking and not so good at acting.

Also on Wednesday 39-year-old graphic designer Mark Jordan, with an address at Donabate, North County Dublin, who beat journalist Jane Ruffino and left her scarred for life, walked away from court with a suspended sentence and the price of her suffering was put at €5000. Sadly, as the linked article points out, this sentence was not unique. The judge, former garda Martin Nolan has considerable form but here in Ireland this kind of story might cause outrage but it’s a weary outrage dampened by overuse for as long as anyone can remember. Those who attack women or children here are rarely sentenced to more than a couple of years in jail. Sentences of more than eight years are rare. It’s a subject that has angered me since I started working in the courts and one that I’ve written about often on this blog.

So that’s one week, seven days, that have shown the dark side of Ireland. The side that would prefer to stay in the shadow of the Church, ears closed against the cries of the vulnerable, in pursuit of a life of piety and obedience. This is the holy Catholic Ireland of legend where dissent is quashed, the Church reigns supreme, men are men and women and children shut up and do what they are told. It’s hard to see this Ireland in 21st Century Dublin on a day to day basis but there are certain things that make it show it’s face. Any time the Family is mentioned you will see it. It’s the reason why successive Irish governments have taken more than 20 years to act on the X case. It’s the reason why there’s also no legislation on Assisted Human Reproduction here and why the country’s fertility clinics are unregulated. Make no mistake, holy Catholic Ireland is very much alive.

There are plenty here who’d like to go back to that Ireland. They feel safer there, wrapped in so much moral certainty, but what about those who don’t want to go back? What about those who are happy with the more secular, more liberal country we have now? Who have been ashamed of their country as the world watches the story of Savita’s tragic death unfold? What about those who didn’t come from that tradition in the first place, plentiful in our increasingly multi cultural society? Savita and her husband are Hindu but they were bound by the laws of old holy Ireland. There are plenty of couples who aren’t religious who go through fertility treatment every year but have to endure the the taboo that still exists around it because of these attitudes. But they are vocal, these inhabitants of holy Ireland. They try to shout down voices raised against them, just as they always did. So governments fail to act. The people fail to speak up, to shout stop. But it’s time we all stood up and said we’re mad as hell and we’re not going to take it any more. It’s not ok that men can attack women with little consequence. It’s not ok that women in desperate need of medical care are forced to travel outside the State if they have any hope of receiving it. It’s not ok that people don’t stand up, don’t speak out, don’t demand change. It’s not ok that couples are judged because they have IVF.

I want to live in a country I can be proud of but after the week that’s in it, that country isn’t Ireland. There might be a chance to change things though, even after this horrible week. There are demonstrations and vigils all over the country and beyond in the wake of Savita’s death. Let this be a catalyst for change. One that both the politicians and holy Ireland will have to listen to.

A Matter of Respect

Recently in the Central Criminal Court a woman who had accused three men of raping her and falsely imprisoning her was asked to step down from the witness stand to identify each one. According to a report in yesterday’s Sunday Independent, from Conor Gallagher, the only journalist covering the trial, the woman was shaking and so visibly upset that barristers on the case had worried she would collapse.

The next morning she did not attend court. I wasn’t covering the trial myself but I was in court that day on a different matter. I heard gardai approach Mr Justice Paul Carney, the trial judge, and tell him that the woman was missing. She had left a note for her partner, they said, telling him she could not face going back to court, that she was terrified.

Handing down a bench warrant for her arrest Judge Carney commented that he would now have to discharge the jury and if she ended up spending a considerable amount of time in prison until a new trial could go ahead, “that’s her fault.”  At the time I didn’t really think anything of it. Judge Carney has form when it comes to taking a dim view of witnesses not attending court. I’ve seen him send both men and women down to the cells in contempt of court on more than one occasion. I’ve never seen anything like this happen with the main prosecution witness in a rape trial though.

At home that evening, the woman took an overdose and was rushed to hospital. On her release she was arrested and taken to the holding cells in the courts. She was released after a few hours.

The three men were subsequently acquitted after a two week trial.

Before I continue I’ll make a point. Shocking and all as the image of a rape victim forced to face her attackers is, that’s not what happened in this case in the eyes of the law. The word “alleged” carries weight. She was an “alleged” victim, just as the accused men were “alleged” attackers. It’s not just careful journo speak. We live in a country where there is a presumption of innocence at the heart of the legal system and until someone is convicted of a crime they are innocent and victims can never be more than “alleged”.

This particular story, unsurprisingly, caught fire on Twitter. By evening there were outraged calls for the judge’s impeachment and an overhaul of the justice system. While I agree that pushing a witness to the point of collapse is neither desirable nor creditable in a compassionate justice system, I think that calling for a judge’s impeachment is a step too far (although such things are often called for on Twitter).

You see, I’ve written about the various rulings and comments of Mr Justice Paul Carney on numerous occasions. He’s one of the few judges to have his own tag on this blog. But while I’ve written about him handing down a suspended sentence for a rape or jailing a reluctant witness, I have also written about him handing down a life sentence to a child rapist (subsequently reduced on appeal) or pointing out that penalty available is not sufficient for the heinous crimes (sentencing Gerald Barry for a double rape that had occurred mere weeks before he brutally killed Swiss student Manuela Riedo). He’s one of our most outspoken judges but I don’t think he’s one of the worst – the opposite in fact.  I don’t agree with everything he says but I respect his knowledge and application of the law.

The problem here is far bigger than the insensitive actions of a single judge and at it’s root it all comes down to respect.  I accept that rape victims, or the families of murder victims, cannot really have a place in a fair justice system. Trials should be decided on the weight of evidence and that’s not really somewhere that emotion can go. That’s why it’s the state, society, that is the prosecuting side. While a conviction might provide catharsis for a victim the healing can only really take place afterwards. Of course too much detachment can lead to brutality. We should never forget that among the “alleged” victims are actual victims and people in a fragile state should be treated with humanity, respect and gentleness.  There has to be a way of doing this without sacrificing the presumption of innocence.

But it’s bigger again. Over the past few weeks there’s been a lot of discussion about sex crimes for one reason or another. It’s 20 years since the X Case shook Ireland to it’s core as Kathy Sheridan wrote in the Irish Times  a week ago. A lot has changed in those 20 years, we’ve seen boom and bust, but when it comes to sex crimes and the punishments those guilty receive we’ve only taken a few baby steps. The man at the centre of the X case, who had abused a 12-year-old girl leaving her pregnant at just 14, received 14 years for that particular crime – reduced to four on appeal.  In 2002 he received a mere 3 years for the assault of a 15-year-old girl he had picked up in his taxi. Ridiculously low sentences yes, but ones you’d still see today. An average rape sentence here is around 8 years maximum. It’s usually less.

In December last year the Limerick Leader refused to name the 21 men prosecuted for soliciting prostitutes. They had no problem naming and printing photographs of the women prosecuted for prostitution at the same time.

There have been numerous calls to reform the laws on prostitution, especially since the excellent Prime Time documentary Profiting from Prostitution earlier this month.  Decriminalising the girls and women forced into the sex trade would definitely be a step forward but destroying the demand by criminalising the thoughtless, ignorant men who think it’s ok to pay for sex with a woman who may be forced to do what she’s doing, is also vital.

As long as we let the attitude persist – and it does – that men are somehow not altogether responsible for their actions and women failing to recognise that are walking themselves into trouble, we do not live in an altogether civilised society. It’s a lack of respect to both sides. I’ve lost count of the number of times where female murder victims have been painted either harridan or whore to argue provocation.

We live in a society where people will queue to shake the hand of a man convicted of sexual assault in a staggering expression of support, a society where the Slutwalk movement is just as relevant as the Reclaim the Night marches have been for years.  Isn’t it about time we stopped treating our daughters as if they were treacherous Eve, about time we taught our sons that women are to be respected and that taking advantage, crossing that line, is a crime against all of us. A crime that should result in shunning, condemnation and punishment harsh enough to hurt.

There are too many of these stories and yet there are not enough. The majority of cases that come before the upper criminal courts are committed by men against women or children. Most of these are never covered. The cases I’ve mentioned in this piece are just the tip of the iceberg. Isn’t it time for a fundamental change? A change in the law and a change in attitude. We need to grow up.

Getting the priorities right

So we’ve gone from one State visit straight into another.  Queen Elizabeth II has been and gone – to rapturous applause and the clinking of many glasses and tomorrow Barack Obama is arriving for a whistle stop tour to prove his mandatory Irish lineage.  It’s a good time to bury news.

We’re so busy preening and primping while in the world’s spotlight that stories that should have monopolised front pages are being bumped down the news schedule.  To my shame I’ve been as bad and am only getting around to writing this post now. 

If you haven’t already heard, the story that emerged this week was that the HSE (Ireland’s Health Service Executive, who hold the purse strings for our struggling health service) are considering cutting all core funding for the Rape Crisis Network.  The plan was to cut funding at the end of May but a stay of execution was announced last week that will delay the decision until August 1.

That they should even consider cutting the funding to the RCN is scandalous but sadly all too predictable in these straitened times.  There will be many babies put out with the bathwater as the whole country spasms in agony at the body blow that financial ruin and bailout have dealt. But the RCN do an extraordinary job.  They collate all the information for the Rape Crisis Centre and it is thanks to them we have facts and figures for the levels of sexual assaults and rapes in this country. Apart from cutting the RCN’s funding the HSE is proposing changing the data collection method (which, shock horror, uses computers) and replace it with a paper reporting system.  I don’t even have words for the stupidity of that idea.

It’s been a week when rape has been in the news more than usual.  In England justice secretary Kenneth Clarke put his foot in it in a rather spectacular fashion by appearing to suggest that some rapes were worse than others. While the arrest of IMF chief Dominique Strauss-Kahn on sex charges in America has led to a debate on French attitudes to sexual impropriety. Finally there was the judge in England who actually criticised the alleged victim in an abuse case for not coming forward sooner.  But the fact that Ireland isn’t alone in making dumb pronouncements when it comes to rape doesn’t make it all right.

I’ve covered a lot of rape and sex abuse trials during my years covering the courts.  I’ve often pointed out the fact that on an average day in the Central Criminal Courts the majority of trials will be about an attack by a man on a woman.  I’ve written about my views on sentencing both here and on the Antiroom blog.  It’s always shocking when you look at the court lists for the Central and see the number of rape trials before the courts.  Most of them don’t get reported, rape is an anonymous story that doesn’t ring many bells with newsdesks.  But when you cover the courts you hear it all.  All the details too raw to write.  You hear the stories of shattered childhoods, the brutal fumblings in a filthy doorway after a night on the town went hideously wrong.  The women destroyed because some animal jumped out at them as they walked home alone and brought true every nightmare.  The children manipulated by monsters, persuaded to accept for a time a grotesque parody of normality.  You see the women picked apart in the witness box by lawyers working on behalf of their attacker, their character questioned as justification is sought. 

We have the presumption of innocence in Irish courts so it has to be like this but that realisation doesn’t make it any easier for the victim.  During the trial they can’t even be acknowledged as the victim as that presumption is always there.  Going to court is a second trauma and it’s one they shouldn’t have to face alone.  It’s the Rape Crisis Centre that can help pick up the pieces.  Journalists can only observe, lawyers can only prosecute or defend. But  the counsellors at the Rape Crisis Centre can start to put the person back together. It’s the Rape Crisis Centre that picks up the pieces of all the women who can’t face going to court as well and that’s how we get those all important figures.

.  We need those figures. The Rape Crisis Centre support people right the way through. As it is the Victim Support Service in the courts has been suspended since last year.  How can we ever hope to get a system that properly punishes rapists when so few cases actually end up in court?  If we don’t have the figures how can there ever be sufficient support? If victims don’t have access to support then how can they be encouraged to report the crime against them?  This is a story that shouldn’t be forgotten, that can’t be ignored.  If there’s any chance that the RCC could be closed down it should be shouted from the rooftops. If you think that the Rape Crisis Network is a necessary resource that needs to be kept in this this country then write to Dr James O’Reilly, the Justice Minister and like the RCC on their Facebook Page here.

A few thoughts on International Women’s Day

I’ve been spending most of my time recently lost in the past. At the moment I’m researching crimes from so far back they’re in another world.  If you were accused of a crime back then there was no chance of a retrial and if you were convicted of murder then your fate dangled at the end of a rope, a ghoulish spectacle for day trippers.

Life was brutal, shorter, bleaker.  Cholera and typhoid swept Britain and Ireland and infant mortality was high.  I’m looking at a time when there was no such thing as universal suffrage, to vote in an election you had to have land, and be a man.  Women belonged to their husbands, on the day of their marriage everything they owned passed to him, they could not divorce their husbands if he was unfaithful and on divorce they could lose even the right to their own children.

It’s like looking into another world.  Now we can take for granted the right to vote and the position of the mother, given special protection in Article 41.2, is seen as so inalienable it can be to the detriment of the rights of the father.  In a few short generations, women’s lives have changed utterly.  We have more freedom, more of a voice, more opportunities than our grandmothers did, and even many more than our mothers’ generation.

But while there’s been incredible progress, the world we live in still has a very long way to go before there is true equality for the sexes.  I work in a job where most of my colleagues are women but only to a certain level.  Apart from one or two notable exceptions, the majority of judges in the courts, or editors in the newspapers are men.  Most of the senior barristers are men and most of the senior gardai are men.  It’s changing, of course, but for a large chunk of the rest of my working life that’s the way it’s going to be.

85% of the politicians who pass the laws that govern what goes on in the courts are men, which might possibly have something to do with the fact that sentences for sexual crimes are so pathetically low.  Domestic abuse is still rife and women still die all too often at the hands of their partners.  I still spend most of my time writing about this violence against women as it takes up so much of the courts’ time.

But this is the First World, the civilised bit.  The inequalities I see around me are miniscule compared with those that women have to face in other parts of the globe.  We’ve come a long way in a hundred years or so, but there’s a hell of a long way still to go.  There are plenty of places on earth where women would recognise the strange world I’m finding in my research as pretty close to their own reality.

Yet I meet so many young women who see feminism as a dirty word and would be embarrassed to apply it to themselves.  They see the race as won, the fight as fought, and simply accept the status quo as something that can’t be changed.  For a long time I was more reticent about saying what I thought, not wanting to appear strident, or even, god forbid, unattractive.  I’ve laughed along with sexist jokes for fear of being branded a kill joy.  I’ve fluttered my eyelashes and bitten my tongue, pretending to be one of the lads.  Don’t get me wrong, I’ve not got a problem with men.  This has nothing to do with which gender is better, it’s about equality.  And it’s important to say it.

It would be nice to live in a world where feminism was no longer necessary, where everyone played to their strengths and not their stereotypes.  It would be nice if everyone judged everyone else according to who they actually were, not what they seemed to be.  But that’s the foreign country and far more distant than my world of hangings, cholera and bridal chattels.  That’s why International Women’s Day is still important a hundred years after it was started and why I’ll keep banging on about rape sentencing and women who die at the hands of the men who claim to love them.

A Line in the Sand

This Thursday, November 25th, is the International Day for the Elimination of Violence Against Women.  It marks the start of a global campaign of 16 Days of Action.  Here in Ireland the campaign is being spearheaded by Women’s Aid with events running around the country.

Working in the courts you see the grim effects of this violence on a daily basis.  Any regular readers of this blog will know my views on sentencing for sex crimes and on the men who murder the women they are supposed to love.  There has to be a proper line drawn in the sand to show that violence against women is utterly unacceptable.  As long as men like Anton Mulder think they can get away with killing their wives with nothing more than a slap on the wrist that message hasn’t got through.

So many of the trials I’ve covered have been of men accused of killing women.  Colleen Mulder, Karen Guinee, Rachel O’Reilly, Siobhan Kearney, Jean Gilbert, Celine Cawley and Sara Neligan all died at the hands of those who were supposed to love them.  But it’s not just loved ones that kill.  The list of victims can be added to, Melissa Mahon, Manuela Riedo, Mamie Walsh, Rebecca French; a litany of women killed by men.  There are countless other women who can’t be named.  Women who lived but who were subjected to such brutality that their lives have been shattered.

I’ve written a post over on The Anti-Room blog on the subject of sentencing for sex crimes.  It’s an important issue.  We need to draw that line in the sand and say it’s not acceptable if it’s ever going to stop.

The Face of Evil

Today I watched the sentencing of a truly evil man.  I don’t use the word lightly.  I’m the first person to say that the word “evil” is misused in the media these days.  It seems like anyone convicted of a violent crime will lumped in with the devil by tabloid subeditors.  We have had evil rapists, evil wife killers, evil paedophiles presented to us with such regularity that the word has almost lost all meaning.

Take the cases of Larry Murphy and Gerald Barry for example.  Murphy abducted a woman from the street and took her up to the Dublin mountains where he subjected her to a horrific rape.  Barry killed Swiss student Manuela Riedo and raped a French student.  Both cases were horrific, the type of crime that triggers some primeval fear, the threat of the unmotivated attack, the random motiveless crimes.  Both men could be termed animals, monsters even, but evil is something different.

The word “evil” means something else. A more metaphysical threat beyond the ordinary.  The ultimate black and white into which no grey is allowed.  It’s something almost unimaginable, almost archetypal.  Something beyond sheer brutality and horror.

Today’s sentencing was a case like that.  In the years I’ve covered the criminal courts I’ve seen a lot of monstrous crimes, seen people convicted of murder and rape who I would have no hesitation in dubbing a psychopath but I would stop short of calling any of them evil.  Irredeemable maybe, banged to rights certainly but not evil.  That’s something else.

Well today was something else.  The man in the dock was old and frail, approaching his 74th birthday.  He wasn’t much to look at sitting huddled over his blue folder shuffling through the notes he had taken through the trial.  He looked no different, no worse than any of the other paedophiles I’ve seen over the years, wizened old men the lot of them, accused by now grown up victims of crimes committed in the long lost depths of a shattered childhood.  But this was different.

When I first started working in the courts I covered another trial with him at the centre.  The victims then were two grown up women who he had abused when they were little girls in the 1970s.  I hadn’t covered many trials back then and was shocked by what I heard but as repellent as the details were in that case this new trial brings things to a whole different level.

The victims now were three of his own children, who had not even been born when his previous crimes had taken place.  They had ranged in age from 3 to 11 when the abuse occured.  The courts had begun their summer break when the jury found him guilty of 87 counts against three of his children after a two month trial.

Today the litany of crimes was recited once again.  The court heard that his son, who had been abused between the ages of three and six had been so traumatised by the constant assaults that took place when he went to the toilet that he became unable to use the bathroom.  When he was taken into foster care he had been so traumatised that he would defecate into a drawer of clean clothes rather than do to the toilet.

Two of the man’s daughters had told the court how their father had repeatedly raped them, describing a perverted twisting of adult love making that their mother had done nothing to stop.  The abuse had started when they were as young as four.  He would tell them he loved them as he lay on top of them, ignoring their tears and pleas to stop.  He told one of them that this was just what fathers did.

Even when the HSE was notified and the children were taken into care, even when the man was charged with the offences so many years ago and the legal machinery had slowly started to move into action, the abuse did not stop.

One daughter described him banging on her window after she had been taken into care and persuading her to run away with him.  When the girls ran away he raped them; in the disabled toilet in a McDonalds; on the ground in view of the boats in Howth; in another toilet in a shopping centre.  One girl described how on the DART to Howth he had spread his jacket over their knees and abused her.

Both girls read victim impact statements to the court.  Addressing her father one said that she had loved and trusted him, believed him when he told her he loved her best.  It had all been lies, she said.  She had blamed herself when she was taken into care, she had written, but it had been his fault.

She had lost her family, she said, had been separated from her brothers and sisters and now no longer knew them.  When she was 16 she had found herself in a violent relationship but could not leave because she had nowhere to go, no one to turn to.  The memory of what he had done to her was like “a shadow that won’t go away” she said.  She still wakes up screaming.

She begged the judge to give her father a long sentence so she could feel safe again.

Her sister described how giving evidence during the trial had been “like being abused again”.  She told the court that she hated the part of her that was related to her father and the part of her that had been abused.  All that was left was a shell.  “”I would have been better off if he had have killed me.”

Passing sentence Mr Justice Bermingham said it was hard to imagine a more serious offence.  He said the rapes of the girls, after they had been taken into care, while their father had ignored the moves taken to stop the abuse, were at the worst end of the scale.  The maximum sentence of life imprisonment was not one to be given lightly he told the court but these crimes warranted it.  The man will start his life sentence when his current ten year term ends.  With a degenerative heart condition and his advanced age there is a good chance that he will die in jail.

The two girls looked shell-shocked as the sentence was handed down but their father barely flinched.  He shrugged at his legal team and did not look at his daughters agonised faces.

The man cannot be identified, since to do so would also identify his children who deserve to have a chance to try to rebuild their lives in peace now that their father is locked away from them.  They have  suffered horrendously at his hands and have been left feeling that no one, not those closest to them, nor the gardai nor well meaning social workers could save them.  Hopefully one day they will have some measure of peace and will know that at least some kind of justice has been done.

Their father is the only example of pure unadulterated evil I have ever seen.  A devious and manipulative man who tries to bend the law to suit himself and has never at any stage shown the least sign of remorse, the coldest, most ruthless type of pervert who would use his own children for his own sexual gratification.  He’s not a sick man, a twisted, depraved one maybe, but even the psychiatric report furnished by his own defence team could not find any mitigating mental dysfunction.

A fiend like that defies understanding.  There was no unhappy childhood, no history of childhood abuse so commonly heard in defence submissions in cases like this.  This man was and is an ice cold manipulator, a genuine monster who has destroyed those he should have protected.  He really is the face of evil.

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