A suspected IRA man sentenced to seven years in prison for the rape of two teenagers in a “Republican safehouse” two decades ago has failed to give more time to appeal over alleged “newfound facts”. . showed that there was a miscarriage of justice.
On his morning before the three-judge court, Seamus Marley’s attorneys alleged that the defense and prosecutors in his case reached an agreement on how to conduct the case without his knowledge and that he should be given more time to appeal his rape and sexual assault plead convictions in light of the discovery.
However, in dismissing the motion, the Court President, Mr Justice George Birmingham, said there was no probative basis for Marley’s submissions.
In May 2019, the Central Criminal Court sentenced Marley to seven years in prison for the sexual assault and anal rape of two boys in Co Louth while dating in the early 1990s.
Judge Paul McDermott said Belfast native Marley, 49, used his standing in the Republican movement, a movement ‘well capable of covert killings’, to silence victims.
Marley, with a final address at Belfield Court, Stillorgan Road, Dublin, had pleaded not guilty, but after a six-day trial the jury returned unanimous guilty verdicts on a total of six counts of sexual assault and two counts of rape.
In his submission to the court today, Marley, who originally wrote his own appeal with the help of a fellow Midlands prison inmate, claimed that his former legal team and the prosecution’s legal team entered into an “agreement to proceed with the case without the knowledge or consent of the applicant.” “.
Marley alleged that “during the course of the trial, the legal representatives of the prosecution breached the agreement and that of the applicant [Marley] Legal representatives have not done anything about it.”
Barry White SC, on behalf of the complainant, said Marley did not have adequate legal representation when he wrote his complaint, which caused a delay.
In July 2020, the Court of Appeal ruled that Marley had appealed his conviction outside of the required 28-day period.
A defendant typically has four weeks from the date of sentencing to appeal.
The court subsequently denied Marley more time to file his appeal, after ruling that there was not even “a modest degree of optimism” that any of his pleas in appeal could succeed.
Mr Judge George Birmingham, the presiding judge of the non-assizes, said today Marley’s allegation was that there was an agreement between the prosecution and the defense in the applicant’s trial but there was “no evidence” to support the allegation that and asked, “Where are we going?”
Mr Justice Birmingham asked: “Is the Court’s time wasted without solid evidence?”
The judge said there had been “several requests” for hard evidence to support the allegation.
Mr Birmingham said there had also been an issue regarding Marley’s extradition from Spain to face trial on charges, whether or not the charges were those on trial or related to alleged “subversive activities”.
Patrick Gageby SC, for the state, said the charges in the warrant for Marley’s surrender “reflect” those for which he was tried.
Mr Justice Birmingham said the court was “still back [alleged] agreement between the prosecution and the defense.
Mr Gageby said Marley had “no evidence and no affidavit” in relation to a deal between the two legal teams and agreed to his extradition from Spain in 2017.
In sending the court decision, Mr Justice Birmingham said Marley had made “claims” about a newly discovered fact but there was no “evidence” before the court, only the claims.
Mr Justice Birmingham said Marley alleges that agreement was and is still being withheld from him.
The judge said there was no evidence to extend Marley’s appeal and dismissed the case.
During Marley’s trial, Mr Gageby told the jury that the two applicants lived in a large house owned by a “dedicated Republican” and that it had begun to be used as a “safe house”.
The jury heard that IRA volunteers would be brought to the house during the night and would stay for a few days or weeks.
Detective Garda Seamus Nolan said Mr Gageby Marley was one of those guests in the early 1990s and was welcomed into the family.
The older of the two victims said he woke up one night while on a camping trip to find Marley fondling his genitals. He said that another night he woke up in the house and Marley anally raped him.
After the incident, Marley warned him not to tell anyone what happened, saying he “could be found dead on a frontier road.”
The younger victim received alcohol from Marley and was groped or masturbated by him three or four times.
At one point, he woke up to find Marley “sucking his penis,” Mr Gageby told the court.
The attorney said the victim was later anally raped by Marley in a tent near the home.
The court heard that Marley comes from a large family in Belfast and that his father was murdered by loyalist paramilitaries.
During the trial, Det Gda Nolan told John Fitzgerald SC, who defended that Gardaí had no information that the defendant was involved with a paramilitary organization until the complainants presented their allegations and that the defendant was never charged with “alleged subversive activities”. had been arrested”.
Mr Fitzgerald said Marley had been in a relationship for 16 years and his partner was present in court throughout the trial.
He submitted a letter from Marley’s pastor, who described him as an “excellent Christian” with “a spirit of charity.”
In his victim statement, the elderly victim said he had spent the last 27 years living in desperation looking over his shoulder.
He said he has finally reached the end of the tunnel and his life now revolves around his wife and children.
“This is my life and I’m taking it back,” the man said.
The younger victim, who also read his victim statement, said they had “quiet neighbors, dead ones” as the house is next to a cemetery.
He said he learned that “it’s not the dead we should be afraid of, it’s the living.”
He said Marley “hunted me, nursed me, abused me, and raped me.”
He said the life he had dreamed of was “in shambles” from the moment Marley entered the house.
“Marley was always lurking in the back of my mind,” the man said.
He said in the years following the abuse he suffered from panic attacks and experienced a “deep depression so black” that it was hard to put into words.
It is Marley’s second failed request for more time to appeal his convictions.
https://www.independent.ie/news/alleged-ira-man-jailed-for-raping-two-teenage-boys-at-republican-safe-house-fails-in-bid-for-more-time-to-bring-an-appeal-42116966.html Alleged IRA man jailed for raping two teenagers in ‘Republican Safehouse’ fails more time to appeal