A Loughrea man who violently sexually assaulted a nurse in a laneway causing her severe head injuries has received a 10-year prison sentence, with three years suspended, and the sentence backdated almost two years to the date of the man’s arrest.
Brian Maher (25 ) of Clostoken, Loughrea, County Galway, had pleaded guilty to aggravated sexual assault and assault causing harm to the woman, in Bohermore, Galway City, on October 16, 2010.
Passing sentence at the Central Criminal Court, Mr Justice Patrick McCarthy described the crime as an “opportunistic” and “out of the blue” attack which involved a “great deal of gratuitous violence”.
The victim – who is now aged 38 - was on her way home from a night out when she was attacked.
She took a taxi for part of the journey and then walked the remainder of the route. Maher grabbed her and pulled her into an alleyway. He banged her head off a wall and she fell to the ground.
Maher then ripped open her jeans and tried to rape her.
Eyewitnesses living near the scene described seeing a woman lying on the ground struggling and screaming with a man crouched above her punching her repeatedly in the face and head.
The victim suffered a broken nose, a fractured cheekbone and nose, bruising, multiple abrasions and lacerations during the attack. Her tooth was knocked out and she briefly lost consciousness.
He ran away but was caught a short time later after a struggle with gardai.
A medical report handed into the court said the victim will continue to suffer very severe symptoms of post traumatic stress disorder long into the future, even with professional help.
The report said it is extremely unlikely that she will ever make a full recovery or return to being the carefree woman she was before the attack.
It noted that at the time of the attack the “terrified” victim believed Maher was going to kill her.
In a victim impact statement previously read out to the court she said she has become a “ghost” of her former self and that she constantly suffers nightmares of Maher being released from prison.
Mr Justice McCarthy said that he did not think Maher’s guilty plea last October was offered for “tactical purposes” and that he believed that an apology offered by Maher had a “degree of sincerity” to it.
He said that the offer of compensation, rejected by the victim, was of minor consideration. He said he could not take into consideration a testimonial from a local priest which referred to the standing of Maher’s family in the community.
He said Maher had sought to rehabilitate himself while in custody and noted he plans to take part in a programme for sex offenders.
Justice McCarthy backdated a sentence of 10 years imprisonment to October 17, 2010 as Maher has been in custody since that date. He suspended the last three years of this sentence on the condition that Maher keep the peace and not communicate or approach the victim for three years.
He rejected an offer by defence counsel Brendan Grehan SC to impose the order to stay away from the victim in perpetuity.
In her victim impact statement, the woman said it was “impossible to completely articulate” the impact Maher's actions have had on her and that she has suffered “physically and emotionally”.
“I will never forgive Brian Maher for hurting me and for causing my family so much pain and anguish,” she said.
She said that he had disregarded her “liberty, well-being, life and human rights” and she was now a “ghost” of her former self as a result of what she described as a “savage” assault.
“I've become a person I don't know any more. My life has changed forever,” she said.
She said that any sentence handed down “will never return me to the happy independent” woman she once was.
She has had to endure nightmares that her attacker will be released from prison and said she requires medication to sleep at night.
“My nose and tooth are constant physical reminders of Brian Maher and what he did to me every time I look in the mirror,” she said.
“I used to be a very independent woman with no fear. Now I am scared to go anywhere after a certain hour on my own. I'm terrified of having anyone stand behind or close to me,” she added.
She said that since “the violation of my body”, her relationship with her fiancée has changed and socialising has become “impossible”.
‘I am constantly fearful, says nurse’
“I'm constantly looking over my shoulder fearful of someone grabbing me like Brian Maher did. I'm a very jumpy and nervous person now,” she said.
She said it took her almost six months to return to work after the attack.
Detective Inspector Gerry Roche told the court local residents arrived after hearing the woman’s screams. Maher was chased by Gda Gerard Morrissey who said he was "extremely aggressive and pumped with adrenalin". The garda eventually pepper-sprayed him.
Maher, who had consumed alcohol and cocaine on the night, said the combination of drink and drugs made him "crazy" and that there was "something wrong with him".
Det Insp. Roche said that Maher initially denied the allegations, but made admissions during his fourth interview with gardaí and “came clean”.
Maher, the eldest of three children, is from a “well-known family” in Galway, the garda told the court. He was claiming job seekers allowance and worked occasionally at the time.
Defence counsel Brendan Grehan SC said his client is deeply apologetic for the hurt and distress he caused to his victim and read out an apology on his behalf to the court.
“I never went out that Friday night to hurt anybody. I hope some day you can find it in your heart to forgive me. . . I wish I could turn back time,” Maher wrote, addressing his victim.
Mr Grehan said the accused, who has no previous convictions, comes from a family “which has some legacy of public service and community activism”.
“She was simply the wrong person in the wrong place at the wrong time. There is no question that she was targeted,” said Mr Grehan.
