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THERE were emotional scenes in Limerick Courthouse this Monday as family members hugged a convicted rapist before he was led away to begin a 10-and-a-half-year jail sentence with one young woman wailing and screaming in the courtroom.
Ms Justice Mary Ellen Ring, who had just passed sentence on Thomas “Tossy” Nyhan, aged 60, from Crookstown, Co Cork, rose from the bench while the scenes unfolded.
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Nyhan was convicted following a trial at the Central Criminal Court sitting in Limerick last May. He had pleaded not guilty to two counts of anal rape of a man in January 2011 and April 2019 at a location in County Limerick.
Ms Justice Ring summarised the evidence this Monday, saying the first offence took place in January 2011 and the second in April 2019.
She said on a date in April, 2019, Nyhan collected the victim in Limerick, and they went for a meal together. The two men returned to a house in County Limerick afterwards.
“Nyhan told him that he needed to do some exercises to help circulation in his legs. He proceeded to lie down on a bed and he took off his trousers. Nyhan said to him,’ I have to get something before I go home’.
“He reminded the victim that he had bought him items. The victim described Nyhan taking his trousers and pants off and putting his finger into the victim’s anus. The victim was lying on a bed and Nyhan tried to put his penis into him, but complained that he was too tight.
“He proceeded to enter the victim but complained about the position of him on the bed and put a pillow under him,” said Ms Justice Ring.
She said that Nyhan had difficulty entering him again. The victim described Nyhan using a shoelace which he tied around his own penis in an effort to make it hard.
“The victim described how Nyhan came back to him again and put his penis into his anus. Nyhan complained it wasn’t working, and the victim described that he then kissed his balls. Nyhan said he would pay him and left €150 on the radiator.
“Nyhan then proceeded to masturbate while sitting on the bed and ejaculated onto the floor next to the bed. Nyhan then left. The victim spoke about washing with really cold water and going outside to burn the money,” said Ms Justice Ring.
The victim told his GP of the rape and a garda investigation commenced. Swabs taken of a stain on the bedroom floor matched Nyhan’s DNA profile. The victim told gardai of the first rape by Nyhan in 2011.
Ms Justice Ring said Nyhan visited the victim in 2011 and was talking about his wife.
“Nyhan said he couldn’t have sex with her. Nyhan said to the victim if he had sex with him he could go home and have sex with his wife. He then took the victim into a bedroom, took off his pants and had anal intercourse.
“The victim said Nyhan threw him on the bed and when the victim said to Nyhan that he wasn’t going to do it, Nyhan replied that it was normal. The victim said he had not told anyone about the incident in 2011,” said Ms Justice Ring.
After Nyhan was arrested he told gardai he put his leg up for circulation purposes and it was the victim who had asked for €150 for sex. Nyhan said that he felt he had to go along with it.
He denied there was any penetration and didn’t think he had ejaculated, or if he did, only a small amount.
The judge said medical evidence was given during the trial that Nyhan had been diagnosed with prostate cancer in 2017 and there were erectile dysfunction difficulties in his medical history. Nyhan denied the 2011 and 2019 rape allegations. He has no previous convictions.
Ms Justice Ring referred to the victim impact statement which set out how his life has changed after the rape in 2019. He went from being a happy man to being isolated.
“He does recognise how difficult it was to stand up and speak out and go through the criminal justice process. He hopes his voice will help someone else believe they can also stand up and tell about abuse.
“He said that while the abuse devastated him, standing up and speaking out has been powerful and life-changing,” said Ms Justice Ring, who wished the victim all the best in the future and hoped that the clear strengths he has will help him find peace in time.
The judge said Nyhan is a 60-year-old man, has been a working farmer all his life and is married with four children.
“He is a man without prior criminal convictions, and to all intents and purposes lived the quiet, hardworking life of a farmer,” said Ms Justice Ring, who spoke of the consequence for other innocent people, such as a partner and family members. She said this is particularly acute in smaller, tight-knit communities.
Ms Justice Ring said along with the physical violations of the two rapes, the most aggravating feature is the breach of trust which she said was “particularly serious and sinister”.
“It is clear that Nyhan knew that the victim had not told anyone of the 2011 rape, and thus he had the confidence to rape again in 2019, assuming that the victim would stay silent again,” said Ms Justice Ring.
In mitigation, the judge took into consideration his age, no previous convictions, health difficulties and that he has been a hard-working family man.
Ms Justice Ring imposed an eight-and-a-half-year jail term for the rape in 2011. She handed down an 11-and-a-half-year sentence with the last 12 months suspended for the anal rape in 2019. The judge noted “the added insult of the payment of money which further demeaned the victim”.
“These events are further aggravated by the fact that Nyhan relied on the victim’s silence for the previous eight years to embolden him to rape again,” said the judge.
The sentences are to be served concurrently and were backdated to June 23 when Nyhan first entered custody.
The case was prosecuted by Fionnuala O’Sullivan SC, appearing with Lily Buckley BL. Nyhan was represented by Mark Nicholas SC and Liam Carroll BL, instructed by solicitor Sarah Ryan.