Seven year sentence for man who attacked woman in Carrick-on-Shannon

A man who followed a woman through the town of Carrick-on-Shannon and dragged her onto waste ground and pinned her to the ground before being interrupted by a passer-by was given a seven year custodial sentence at Carrick-on-Shannon Circuit Court last week.

Joseph Farrell, 2 Shannon Drive, Gurteen, Co Sligo, who had been living homeless in Carrick-on-Shannon around that time, pleaded guilty to false imprisonment contrary to Section 15 of the Non-Fatal Offences Against the Person Act, 1997, of Inelda Del Grosso, an Italian au pair who was working in the town.

The offence occurred on derelict property at Summerhill, Carrick-on- Shannon, Co Leitrim on April 15, 2018.

Detective Garda Lydia Cawley outlined the facts to the court. She said at the above date at 1.50am the victim travelled back to Carrick-on-Shannon by bus and got off at the bus stop near Cryan's Hotel.

CCTV showed her walking up the town, past Kelly's shop and up Summerhill. At the top of Summerhill near the small roundabout she felt a tap on her shoulder and felt a gloved hand across her mouth. She lost her hat and handbag and was dragged into waste ground where she was pinned to the ground by Joseph Farrell by both shoulders and a hand was placed across her face.

She struggled and shouted and a man passing by on his way home from a night out heard her screams and disrupted what was occurring.

Det Garda Cawley said there was extensive CCTV coverage of her movements before the incident but there was no CCTV coverage at that area of Summerhill.

Mr Farrell was seen on CCTV doing laps of the town and he came from the laneway beside The Bush Hotel and followed the victim from a distance for the duration of the walk which took about four minutes.

Ms Del Grosso was an au pair living in the Summerhill area. She was 32 at the time but was quite a vulnerable lady as she appeared much younger when talking to her, Det Garda Cawley said.

She said CCTV later showed Mr Farrell coming back into Carrick-on- Shannon. He had discarded his top and appeared somewhat distressed and was holding his hands to his head.

Det Garda Cawley said Gardai identified him almost immediately from CCTV as he had been living in a tent in Carrick-on-Shannon and was known to them.

He was arrested and a warrant was issued to search the premises where he was then residing. His clothes were found and sent to the Forensic Science lab.

The results of the DNA testing found the victim's DNA on the outside of his gloves and his own DNA on the inside of the gloves.

On May 2, 2018, Mr Farrell was arrested and interviewed four times. He identified himself on CCTV and said he had no interaction with any female that night and didn't speak or touch any person. He initially answered questions and then adopted a no comment approach.

Mr Farrell was arrested for a second time when the DNA results came back and interviewed twice where he again initially answered before adopting a no comment approach.

The victim made a short victim impact statement in which she said the incident had a psychological affect on her. She used to like being alone and also meeting people but since the attack she has found it hard to meet people, is not happy and has found it hard to be alone in the house. She has had flashbacks and is now startled if approached from behind.

Eileen O'Leary SC, instructed by Tom McSharry solicitor, said Mr Farrell is now 33 years old and comes form a broken home with a dysfunctional background.

He is living in a council house in Gurteen and has been working as a plasterer for the past year and a half.

He has four previous convictions. At Sligo District Court in January 2021 he was convicted and fined €300 for damaging property. At Sligo Circuit Court in October this year he was convicted of burglary with intent and given an 18 months sentence, suspended for two years. At Sligo District Court in September 2017 he was given the Probation Act for two public order offences.

Ms O'Leary put it to Det Garda Cawley that she said the victim was dragged, while the victim herself said she was pushed. Det

Garda Cawley replied the victim was forcibly taken to a place she didn't want to be.

Ms O'Leary said Mr Farrell is now off alcohol and drugs and has a girlfriend and is in a stable relationship and feels he has turned his life around.

The burglary conviction was at a time when he was using alcohol and drugs and he went into a neighbour's house rather than his own and made himself a sandwich. He didn't intend to harm anyone and apologised.

The probation report stated he was at moderate risk of re-offending and described him as vulnerable.

In passing sentence, Judge John Aylmer said that false imprisonment is a very serious offence with a maximum potential sentence of life in prison.

He described this particular offence as a very serious one. Mr Farrell followed Ms Del Grosso from the centre of the Carrick-on-Shannon, staying some distance behind her for four minutes.

He pounced on the victim by pushing her into waste ground and pinned her by both shoulders and placed his hands on her face and eyes, he said.

Judge Aylmer said, fortuitously, he was interrupted by a passer-by.

He said Mr Farrell's intention could only be inferred that he had no interest in taking her rucksack or of robbery, only serious sexual or physical assault, had he not been interrupted by the gentleman who heard her screams.

Judge Aylmer placed the offence at the mid range of eight years before mitigation.

He acknowledged Mr Farrell had a difficult upbringing and background and said he had been living on the very edge of society.

He was homeless for a while and was abusing drugs and alcohol.

Judge Aylmer said it did appear Mr Farrell had suffered from a significant degree of depression and he needed to avail of rehab services, including counselling and mental health services.

Judge Aylmer reduced the sentence to seven years and said he would incentivise his rehabilitation by suspending the final two years for a period of two years on his own bond of €100 to keep the peace and be of good behaviour.

He directed that prior to his release Mr Farrell engage with the Probation Service and the prison re-housing service and that he take no alcohol or unprescribed drugs for two years and that he comply with the directions of the Probation Service.