Farmer Sentenced to Near 10 Years for Rape – Irish Times
Thomas “Tossy” Nyhan Sentenced too 11.5 Years for Limerick Rapes
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Crookstown, Co Cork man, Thomas “Tossy” Nyhan, has been sentenced to a total of 20 years imprisonment, with teh final year suspended, for two seperate rape offences committed in Limerick in April 2019 and January 2011.
Landmark Sentencing for Brutal Attacks
Thomas “Tossy” Nyhan, a 60-year-old father of four from Crookstown, Co Cork, has been handed down a significant prison sentence for two counts of rape. The Central Criminal Court, sitting in Limerick, heard evidence detailing the harrowing experiences of the victim, who described the assaults as being like ”barbed wire” inside him.
the Rapes and the Victim’s Testimony
the court was informed that the rapes occurred at a location in Limerick. The first incident took place in January 2011, for which Nyhan received an 8.5-year sentence. The second rape occurred in April 2019, resulting in a sentence of 11.5 years, with the final year suspended. Both sentences are to run concurrently, meaning Nyhan will serve a portion of the combined term. The sentences were backdated to June 23rd, the date Nyhan first entered custody.
Nyhan had contested both charges of anal rape,but a jury unanimously convicted him of both offences following an 11-day trial in May.Ms Justice Mary Ellen Ring, who presided over the trial, had previously lifted reporting restrictions, allowing Nyhan to be named. Crucially, the judge also ensured the victim’s anonymity, ordering that he not be identified.
In a powerful impact statement read to the court, the victim recounted the profound pain and trauma inflicted by Nyhan. “He (Nyhan) raped me twice. This was not a moment of confusion,” the victim stated. “it was cold, calculated and violent – he knew what he was doing – and eight years later he did it again.” The victim revealed that he only disclosed the second rape to his GP in 2019,stating he “could not hold the weight of his abuse any longer.” This disclosure subsequently led him to inform Gardaí about the 2011 rape as well. “He (Nyhan) is a rapist and that will follow him for the rest of his life and it should,” the victim added.
Nyhan’s Defence and Evidence
When questioned by Gardaí in May 2019, Nyhan admitted to sexual activity with the victim but vehemently denied the rape allegations. During the trial, under cross-examination by Nyhan’s barrister, senior counsel Mark Nicholas, the victim acknowledged remaining in regular contact with Nyhan after the 2011 rape. Though, the victim dismissed Nyhan’s claims of being asked for money for sex and of initiating sexual contact as “lies.” He firmly stated,”I told him (Nyhan) to stop,I didn’t like it.”
Forensic evidence played a crucial role in the conviction. DNA swabs taken by forensic Gardaí from a stain at the scene of the 2019 rape were a definitive match to Nyhan’s DNA profile.
Mitigating Factors and Family Support
Nyhan’s wife, Mary Nyhan, provided unwavering support to her husband, attending court every day of his trial and throughout the criminal proceedings.In considering the sentence, Ms Justice Mary Ellen Ring took into account several mitigating factors, including Nyhan’s age, his lack of previous convictions, reported health difficulties, and his history as a hard-working family man.
Despite these considerations, the severity of the crimes and the victim’s testimony led to the significant sentence, underscoring the court’s commitment to justice for victims of sexual assault. Nyhan has no previous convictions.