A Fanad man who committed a series of sexual offences against two young girls has been jailed.
Martin Friel was given a nine-and-a-half-year prison sentence, with the last 12 months suspended, when he appeared at Cavan Circuit Court.
Friel, a 47-year-old of Ballymichael, Fanad, was before the court for a range of offences committed in Donegal between 2014 and 2016.
Earlier this year at Donegal Circuit Court, Friel pleaded guilty to one charge of defilement and one of sexual assault against one victim, who was between 12 and 14 years old when the offending occurred, and seven counts of sexual assault against another victim, who was 16 at the time.
Friel initially faced 26 charges, but tendered guilty pleas on a full facts basis on a scheduled trial date.
Friel, a married father-of-one, voluntarily went into custody on June 20 at a sentencing hearing before Judge John Aylmer, who delivered judgement at a subsequent sitting.
Judge Aylmer said aggravating factors included the age of the victims, as well as the fact that some of the offences occurred in the victims’ own home, which represented a “gross breach of trust”.
Judge Aylmer said he placed four of offences, which involved digital penetration and simulating sexual intercourse, in the upper end of the scale, where the maximum sentence was 14 years imprisonment, and merited a starting point of 11 years imprisonment.
The three other counts merited a starting point of four years’ imprisonment.
In relation to the two counts against the second victim, Judge Aylmer said that an aggravating factor was the substantial force and coercion used in the defilement incident, which occurred around the same time as the other offences were being committed.
The maximum sentence was seven years and this offence was at the upper end, meriting a starting point of six years imprisonment, while the count of sexual assault by digital penetration against this victim merited a starting point of a five-year prison sentence.
In mitigation, Judge Aylmer said the guilty plea was valuable as the complainants could suffer greatly at going through a trial and being challenged.
He accepted Friel’s letter of remorse as being “genuine” and said he noted that the accused was a hard worker.
Judge Aylmer sentenced Friel to nine and a half years for the four most serious counts of sexual assault against the first complainant and to three years and six months for the other three.
In relation to the defilement of the second complainant, Friel was sentenced to five years while a four-year prison term was handed down for the sexual assault of that victim.
The sentences are to run concurrently.
Judge Aylmer said he would, in the interests of rehabilitation, suspend the last 12 months of the nine-and-a-half-year sentence on Friel entering into a bond to keep the peace and be of good behaviour for a period of 12 months following his release. Judge Aylmer said that “in the interest of society”, Friel should go under the supervision of the Probation Service after completing his prison sentence.
Garda Claire Rafferty of Milford Garda station outlined the case to Barrister for the State, Fiona Crawford BL.
One of the victims made a complaint in December 2016. She told gardai that the man touched her on the chest, sometimes between her legs and that he sometimes used his lips.
The incidents happened at several locations, including on Friel’s farm and in his jeep.
In relation to one of the incidents, the girl told gardai that she could see Friel’s eyes “all controlling and wide open”.
At one point, Friel sexually assaulted the girl in a slatted shed and he told her: “Back to the jeep to go home”.
The court heard that the man was with the young girl in his jeep and he drove to a secluded location before he grabbed her under the arms and pushed her back in the vehicle and sexually assaulted her.
He pleaded guilty to touching the girl’s genitals outside of her clothes and another charge relating to an occasion when he placed his hands inside the girl’s pyjamas and pants.
Friel pleaded guilty to another charge of sexually assaulting the victim by digitally penetrating her vagina with his fingers in a bedroom and in a shed.
On another occasion, Friel forced the victim to touch him in a sexual manner.”
He told the girl not to tell anyone about what was happening.
“I felt afraid to tell anyone,” the girl told gardai.
Garda Rafferty told the court that there were 211 text messages between Friel and the victim over a three-month period.
In relation to the other victim, Friel pleaded guilty to a charge of defilement and one of sexual assault.
The court heard that the girl was in Friel’s slatted shed when he grabbed her arm and pulled her to kiss her on the lips.
“I tried to push him away,” she told gardai, adding that she felt “trapped”. She told investigating officers: “I was scared.”
She said she was “angry, but more in shock” and Friel told her she couldn’t tell her mother what had happened.
Friel faced two defilement charges and pleaded guilty to one.
Despite her protesting “I need to go home”, the defendant told her to stay at the location. She said she resisted, telling him she needed to go home. She attempted to “push him away”, but he removed her clothes, lay on top of her, and carried out the act that led to the defilement charge
Friel was arrested and taken to Milford Garda Station for questioning. He was interviewed three times and denied all allegations.
Both victims were present in court.
A victim impact statement from the first victim was read by Ms Crawford. She told how Friel’s actions “meant my teenage years were taken away from me” and how she is still dealing with the consequences.
She said she found school difficult and couldn’t mix with people. She outlined how she felt as if she couldn’t trust anyone or even talk to people.
“I am still in fear every night that he will come into my house,” she said. “It feels as if he is everywhere.”
She said hearing similar items on the news brings all the feelings and memories back.
“I feel that he has taken away my feeling of safety,” she said, adding that eight years of preparing for court appearances have added to the issue.
The second victim, whose statement was also read by Ms Crawford, said that the incidents left a lasting impact.
“The emotional toll has been devastating,” she said. “I continue to live with the aftermath, the deep sense of betrayal and constantly feeling unsafe.”
She said she feels constantly in fight or flight mode and the emotional and physical strain has taken a toll on her ability to function.
“I have carried the weight of my past in silence,” she said. “Every day is a struggle. Despite the challenges, I refuse to let it define who I am”.
The woman told how Friel was allowed to “live freely” for 11 years and said he made numerous excuses to delay a trial.
“He robbed me of my childhood and took away my peace,” she said. “The fear of what he might do is overwhelming.”
The woman added: “This monster must be held accountable for the ongoing trauma he is inflicting on me”.
Friel has six previous convictions, including for offences of assault, criminal damage and public order matters.
Friel was represented by Mr Garnet Orange SC with Mr Ciaran Elders BL, instructed by solicitor Mr Frank Dorrian.
Mr Orange said the plea “must be seen to have some value” and said Friel’s convictions were of a different nature.
He said: “I can’t say that he is a man of impeccably good character, but there is nothing of this scale and there was a gap of 10 years from his last offence to the current offending”.
In a short letter, read by his barrister, Friel said he now acknowledged his wrong doing and took responsibility for his actions, which he said were “inappropriate and unacceptable.”
He added: “I am sorry. I stand here today with a heavy heart knowing that I caused hurt to those who least deserve it.”
Mr Orange asked Judge Aylmer to note the guilty plea as well as his client’s remorse and apology.
“He acknowledges the harm he has done to the victims and their families,” Mr Orange said.
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