KILDARE COURT: Custody term for man who threatened to kill a Kildare TD and rape his relatives

A man threatened to kill a Kildare TD and rape 16 of his female relatives, Nas District Court was told.

Paul Corr, 40, whose address was given as Pitchfordstown Lodge, Kilcock, was prosecuted under the Harmful Communications and Related Offences Act  (2020) for sending a threatening communication to James Lawless, a Fianna Fáil Dáil deputy representing the Kildare North constituency, on March 31, 2022. He admitted the offence

Detective Sergeant Des McHale said the email stated that if a Central Statistics Office person knocked on his door he would carry out the threat.

Det Sgt McHale said the defendant was arrested on April 19 at his residence, where he lives alone, and he made a full statement.

He said the census was taking place at the time and the man didn’t want enumerators calling to his home.

The court heard that the  defendant had no previous interaction with the TD and the garda did not believe that the threat was genuine.

He said the defendant's mental and physical health had improved. Cross examined by solicitor David Powderly, Det Sgt McHale said the defendant made an expression of regret which is genuine and there was no contact with any other third party.

He had been “a little bit estranged from his family” but he is being supported by his sister.

The garda also said he had been cooperative and courteous.

Apologising to Mr Lawless on behalf of the defendant, Mr Powderly said what happened was inexcusable and his apology is sincere.

He said he was diagnosed with schizophrenia at 19 and while this puts the offence in context, it doesn’t excuse it. 

Dep James Lawless

Mr Powderly said the Probation Service has found him cooperative and his remorse to be genuine.

The defendant would be happy to be supervised by the PS, said Mr Powderly adding TDs have a difficult job but the defendant was mentally unwell and has a recognised diagnosis.

“He’s not likely to reoffend. I’d ask you to consider the effect of a prison sentence on his mental health,” added Mr Powderly.

Judge Desmond Zaidan said it’s accepted that the defendant is suffering from and receiving treatment for schizophrenia and this was confirmed by a consultant psychiatrist and he is relatively stable since 2017, though a relapse can happen when he consumes alcohol. In 2106 the Probation Act was applied for an assault on a pharmacist.

The judge noted that the defendant has a history of self neglect when unwell and an uncle had died in tragic circumstances.

The judge referred to a victim impact statement in which Dep Lawless said it has “unfortunately become normal to receive abuse in public life on an almost daily basis.”

The TD said freedom of  speech is important, but vitriol and threats are entirely different.

He also said threats were made against members of his family and they as well as public representatives are entitled to go about their daily lives.

He also said the threats to kill and rape was “shocking, disturbing and upsetting.”

It was among the most traumatic experiences he had had in this role and “I didn’t know if it would be carried out.”

He was previously the subject of an unrelated threat incident which had been followed up and there was an attack on his office.

He said he had had a security assessment carried out on his home and office. He said he closed the office briefly and his staff were uncomfortable afterwards.

He also pointed out that two Members of Parliament had been murdered in the course of their duties in recent years both by random strangers. 

“You never know how real a threat is.”

Dep Lawless said he neither knew nor had met the defendant adding “I suspect he has own demons.” 

He added he hoped a way could be found to allow him to move forward  with life while sending a signal that these kinds of threats are never acceptable.

Judge Desmond Zaidan said public representatives are elected by the public and “what sometimes goes amiss is how freely they can move and go about their daily business and we take it for granted.”

He added: “all public representatives take risks for just being who they are and doing their job.”

A greater part of the world is in a mess when “thousands and thousands of people lose their lives fighting for democracy and what we take for granted.”

Whatever we think of politicians, they deserve to be safe doing their job and “people in charge of security do not  understand the risk involved.”

He said nobody could predict the mind of a psychiatric patient and he noted the PS had assessed him at medium risk of reoffending.

He stated while no harm was done, the case merited a custodial sentence and  “this is on the higher end of seriousness.”

Referring to the legislation, the judge said the Oireachtas has to “wake up to the dangerous world we’re living in” and he said the maximum sentence (which could be imposed in the district court) of six months “does not reflect the seriousness of it.”

Imposing a six months term, he directed that the defendant receive psychiatric treatment in custody, if necessary. Terms were fixed for an appeal to be lodged.