The Human Rights Issues in the Ian Horgan Case.

national | crime and justice | opinion/analysis Friday April 20, 2007 10:19 by C Murray

DPP ordered a re-trial on the basis of' Undue leniency

At the time of the murder of Rachel Kiely, Ian horgan was sixteen year old boy.
He was originally convicted of rape and murder but eventually got imprisoned
for manslaughter. A murder conviction would have carried a mandatory life sentence.

Horgan was due to be released this year but the DPP applied to have the case
appealed by the higher courts. The new sentence is a twelve year sentence
for rape and man-slaughter (to run concurrently) which taking into account
the four years already served means he should be out in a three-five year period.

He's very young at twenty three is he not to be doing such heavy time?
Is Ireland trying children as adults?

Most of the details have been on Mainstream media- don't like to
get the facts wrong.

This was also a case which was not heard by the attending State Pathologist
John Harbison. (Mr Harbison being ill at the time, Ms Cassidy attended,
this is a feature of the Brian Murphy case also)

Mr Horgan was a child at the time of the death of Ms Kiely.
He was initially charged with murder.
He was convicted of manslaughter.
The crime was proven to be unpremeditated.
The family of Rachel Kiely have suffered the loss of their child in appalling
circumstances.

Should a sixteen year old face adult sentencing laws in this state?
He has expressed remorse.
He wants a rehabiltiation programme.
He is on the sex-offenders register- this is highly disturbing, given the
amount of sex-offenders who have dodged been registered.

In this state we have also signed into law a Criminal Sex Law that criminalises
young boys for sexual activity (june 2nd 2006- section 5) with criminalisation leading
to custodial sentences- the proposed referendum on protection (section5 ) would have
reversed this appalling legislation, which should never have been introduced.

In the meantime the DPP has had to re-try all cases of sexual offence as
a result of the Laffoy judgement on Mister 'A'. Now we are faced into a tragic
situation wherein a young boy had not recived adequate care and rehabilitation
for a crime he admitted and has received an adult sentence for the rape and
killing of Rachel in the year 2000.

How many of the men implicated in serial child rape and paedophilia
have been added to the sex-offenders register- paid lawyers money
to challenge the sex laws (1935)?

Mr Horgan is currently incarcerated in Laois.
The family statement outside the court acknolwedged that no sentence would return their
daughter to them.

Mitigation;-

* a 16 year old mis-tried for murder.
* the inability of the State Pathologist to give evidence.
*The addition of his name to the adult sex-offender's register.
*The increase of the sentence for rape and man-slaughter at the request of the DPP.
* The now 23 year old has requested rehabilitation.
*The remorse and acceptance of responsibility by Ian Horgan.

Ian Horgan was tried as an adult. He was tried twice, once for murder-once for manslaughter
His sentence has been increased on request of the DPP despite the anomalies in the
original trial.