Trial of two gang rapists jailed for rape of vulnerable teenager was 'fair and balanced', court rules

Ryan Dunne

Two of three men jailed for the gang rape of a vulnerable teenager who had recently left State care have failed in their efforts to have their convictions overturned, after the Court of Appeal ruled that their trial was “appropriate, fair and balanced”.

The Court of Appeal on Thursday rejected appeals by Dion Genockey (27) and Daryl Rooney (28), who had argued that issues around consent had made their trial unfair.

Before the court in July, counsel for Genockey argued that the trial judge should have advised the jury that the appellant may have had reasons for not mentioning to gardaí that he believed the victim had given her consent. Counsel for Rooney, meanwhile, argued that the appellant was not aware that the woman had not given her consent.

Genockey, of Clarion Quay Apartments, and Rooney, of Railway Street, Dublin City Centre, were convicted of raping the woman at Bull Island, Dollymount, Dublin, on January 5th, 2016, following a second trial at the Central Criminal Court in March 2022. The jury in the first trial, which was held in 2020, was unable to reach a verdict.

Genockey was sentenced to nine years by Mr Justice David Keane, while Rooney was sentenced to 10 years.

A third accused, Troy Ryan (27) of Lower Gardiner Street, Dublin City Centre, was also convicted and sentenced to nine and a half years.

The sentencing court heard none of the men accepted the verdict of the jury and maintained their innocence.

In the Court of Appeal’s judgement on Thursday, delivered by both Mr Justice John Edwards and Ms Justice Isobel Kennedy, it was said that the trial judge provided a careful and comprehensive direction to the jury concerning an accused person’s right to silence.

The judgment said that, concerning Genockey, there was no doubt that the jury was instructed to examine the circumstances existing at the time he was questioned by gardaí.

The judgment also said that the charge given to the jury by the trial judge was “appropriate, fair and balanced”, which allowed the panel to consider that Genockey had remained silent due to his age, his distrust of the gardaí, and his father’s instructions to him.

With regard to Rooney's argument that the prosecution had failed to prove he did not know the complainant did not consent, the court found there is "no doubt on the law" that a person accused of rape may claim that he held an honest and genuine belief that a complainant was consenting.

However, the court noted it is also the position that a jury may assess whether such a belief was reasonable.

The judgment continued: “We are entirely satisfied that there was prima facie evidence before the jury of the mental element of the offence of rape applicable to this appellant.”

Accordingly, the appeal against conviction of each appellant was dismissed.

During the men's trial, evidence was heard that on the day in question, the young woman, who had recently left State care, travelled to Dublin to meet with friends. Later that evening, she purchased some Xanax pills and then went to an internet cafe.

While there, she was approached by a boy and told that the three teenagers, whom she had never met before, wanted to talk to her. The men told her they wanted to bring her for a “quick spin”.

The woman initially declined but eventually agreed and left the cafe with Ryan and Rooney to get into a car outside, which was driven by Genockey.

The men drove out to Clontarf and down to the end of the wooden bridge at Dollymount Strand, where they stopped by a shelter. Genockey then asked the woman: “Are we going to have some fun?”

The woman replied no, she didn't want to and had only wanted to go for a short drive, but the men were “refusing to listen”, the court heard.

Genockey and Rooney got out of the car and stood in the shelter while Ryan produced a condom from a stash in the glove box of the car and proceeded to rape the woman. When he was finished, Genockey got in and put a condom on.

Genockey tried to “sweet talk” the woman, the court heard and said he wasn't going to hurt her, before he proceeded to rape her.

Genockey then handed a condom to Rooney, who raped the woman. At this stage, the woman “didn't even get a chance to say no”. It was “three against one”, and she didn't have a choice, the court heard.

The trial heard that her door had a child lock on it, and she could not get out of the car.

The woman was told another person was going to pick her up and bring her home, and the men left the scene quickly. Another car arrived, containing three men, and she was raped by two of the men in this car. She said that the men all got into the car afterwards, laughed and drove away, leaving her in the middle of nowhere.

Genockey gave evidence at trial and said he never disrespected a woman in his life. Defence counsel claimed the woman initiated sex, and Genockey said the woman was treated with nothing but respect by himself and his “two gentlemen friends”.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.