The judge in the case of three young men who drove a vulnerable teenage girl to a beach and gang-raped her has been urged to consider their youth when sentencing them.
ion Genockey, Troy Ryan and Daryl Rooney, all 24, were 17 and 18 when they drove the then 18-year-old to Dollymount Strand six years ago, where they took turns raping her of role.
The court heard that after she was raped by the three men, the woman was ordered into a second car which arrived at the scene. Two other men in that car then raped her, before leaving her on the beach. These men are not in court.
Genockey of Clarion Quay Apartments, Rooney of Railway Street and Ryan of Lower Gardiner Street, all in Dublin city centre, were found guilty of raping the woman on Bull Island, Dollymount, Dublin on January 5, 2016, at the following a second trial at the Central Criminal Court in March this year.
The jury for the first trial, held in 2020, was unable to reach a verdict.
Judge David Keane today heard requests for mitigation from defense lawyers representing the three men. The court was initially crowded with supporters, but before the sentencing hearing, the court was cleared so that only two family members were present for each defendant. The Complainant listened to the proceedings via video link.
The court did not hear any of the men accept the jury’s verdict and claim their innocence. They have been in custody since the guilty verdicts were handed down last April. The court heard the men all had supportive partners.
Conor Devally SC, representing Genockey, and Mark Nicholas SC, representing Ryan, told the court that their clients were both minors at the time of the offense and should be treated as such. Dominic McGinn SC said that although his client Rooney was 18 at the time, he was only a few months older than the others and should be treated the same.
“He was no more mature than the other two and maybe less,” Mr McGinn said, adding that Rooney had been diagnosed with ADHD and had a mild intellectual disability.
The court heard Rooney had 225 prior convictions, including for violent disorder, drugs, public disorder, trespassing, theft and traffic. Mr McGinn said that since serving time in prison for previous offenses and since becoming a father, Rooney had decided to put his ‘petty offences, violence and drug use’ behind him. He said sexual offenses were completely irrelevant to Rooney.
Mr Devally described Genockey’s background, telling the court he started his own bike repair business with the help of his parents. He has no previous convictions. Mr Devally said the deprivation of liberty was painful for Genockey, who has a child with his current partner.
Although Genockey has struggled to come to terms with his status as a sex offender, he is open to treatment in prison and was found to be at low risk to re-offend, the court heard.
Mr Nicholas said Ryan had matured over the past six years since the offence. Although he maintains he did not commit a crime, he is “reconsidering whether consent was given”, the court was told. He was an “immature 17-year-old” at the time, Mr Nicholas said, but now has empathy for the victim and his difficult past.
Ryan has 24 prior convictions, including for theft and drugs, but had no prior convictions at the time of the rape.
Eilis Brennan SC, prosecuting, said if the men had been adults at the time of the offense the Director of Public Prosecutions (DPP) would have recommended an aggregate sentence of 10 to 15 years.
Judge Keane said he would hand down his sentence on November 4.