Man accused of inciting two others to rape a woman faces circuit court trial

A man has appeared in court in Co. Clare charged with Clare. 

In what is believed to be the first such prosecution brought before the courts, the man is facing two charges of inciting two named males to rape the named woman on dates between November and December 2020.

At Ennis District Court this Thursday, Judge Alec Gabbett sent the case of the 38-year-old accused forward for trial to the Central Criminal Court.

Underlining the scale of the garda investigation, which was led by the Clare Divisional Protective Services Unit, a four-volume Book of Evidence was served on the accused during the procedural hearing.

In the case, the man is accused of inciting a named male to rape a named woman between November 18 and December 20 2020, within the State contrary to common law.

In a second charge, the man is accused of inciting another male to rape the same named woman between November 22 and December 6 2020, within the State contrary to common law.

The man is also facing three charges of impersonating the same named woman via internet communications on a named website and, via those communications, inviting persons unknown to attend her home and the home of two other named females for the purpose of visiting violence on them - causing a risk of death or serious harm to the named woman and two other females.

The website describes itself as 'the most popular social network for BDSM, fetish & kinky community'.

The three charges, which cover the period from April 20, 2020 to December 18, 2020, are contrary to Section 13 of the Non Fatal Offences Against the Person Act.

The Clare man is facing three other charges of impersonating the same named woman in Facebook communications which invited persons unknown to visit violence on her and two other named females creating a substantial risk of death or serious harm to all three.

These offences are alleged to have happened on dates between November 26, 2018 to December 26, 2020.The man is also charged with having in his possession four child sexual abuse images in breach of Section 2 of the Child Pornography Trafficking and Pornography Act 1998.

That offence is alleged to have occurred at an address in Ennis on January 17, 2021In court this Thursday, Detective Sergeant Paul English of the Clare DPSU gave sworn evidence of serving a copy of the Book of Evidence on the defendant.

Sgt John Burke of Ennis garda station told Judge Gabbett that the DPP consents to the case being returned for trial to the Central Criminal Court.

Judge Gabbett asked solicitor Daragh Hassett for the accused if legal aid was required in the case and Mr Hassett replied "No - not at this stage”. The occupation of the accused man was not disclosed in court.

Judge Gabbett said that an alibi probably doesn’t arise but he told the accused that if an alibi does form part of his defence that his solicitor, Mr Hassett must inform the State within 14 days. The accused, who wore  a shirt and tie, did not speak in court during the brief hearing.

He first appeared before the court on the charges last October and Judge Gabbett said that the man’s bail terms are to continue.

He must live at an address in Ennis and he has been directed not to have any contact with any alleged injured parties. He must also stay off all social media platforms as a condition of his bail.

Judge Gabbett said that reporting restrictions in the case are to continue.