APPEAL OVER JAIL TERM FOR KIDNAPPER

A man given nine years for his role in the tiger kidnapping of a family with a 10-week-old baby, must wait to hear whether his prison sentence will be increased following an appeal by prosecutors.

Mark McCarthy (32) of Elm Dale Crescent, Ballyfermot pleaded guilty to the false imprisonment of Warren and Jean Marie Nawn as well as their ten week old baby in Co Louth between August 1st and 2nd 2011.

Dublin Circuit Criminal Court heard that the family were held in their home by the raiders before being driven to a rural location where they were kept captive overnight. McCarthy was one of several men who held the family hostage prior to the An Post employee being forced to hand over €661,125 from Drogheda Post Office where he worked.

The family were repeatedly threatened, sometimes at gunpoint. Mrs Nawn was told to “shut the baby up” when it cried and was told they would have to “try for another baby” if her husband did not comply.

One of the men told Mr Nawn “there’s a mad bastard on the way and he’ll have no problem raping your wife”. He said it was hard to hear what the men were telling him as his eyes, mouth and ears were covered with duct tape.

The following day Mr Nawn was instructed to drive to his work place as normal. A large cash delivery went ahead as normal before Mr Nawn took the money and dropped it to a location where it was recovered by the gang.

Ms Nawn, who had been cable tied to a bed with her baby, managed to free herself after the raiders left and was found in a very distressed state. Her ten week old baby, who had not been fed for 19 hours, was highly dehydrated.

Dublin Circuit Criminal Court was told that McCarthy had been acting under duress in relation to a drug debt and that there was a credible threat against his life unless he participated in the “horrendous” ordeal.

He was sentenced to nine years imprisonment by Judge Patricia Ryan on May 19, 2017.

The Director of Public Prosecutions are seeking a review of his sentence on grounds that it was “unduly lenient”.

Counsel for the DPP, Vincent Heneghan SC, submitted that the sentencing judge erred in fixing the headline sentence at 15 years before mitigation.

The DPP accepted that there were mitigating factors in McCarthy’s favour but before those could be applied by way of a reduction, the starting point “should have been significantly higher than 15 years”.

Mr Heneghan said it was a horrendous ordeal. Threats were made to kill the baby who had been left without a bottle for 19 hours. The gang used hidden cameras and surveillance equipment.

He referred to the wellknown aggravated burglary case from Tipperary known as ‘DPP v Dean Byrne’ (the first of seven raiders named on that indictment) and said the facts of that case “were bad but the facts of this case are a whole lot worse”.

In the Tipperary aggravated burglary case, the ordeal lasted for a much shorter period of time and there was a degree of incompetence on the part of the raiders. The Court of Appeal deemed 18 years as the appropriate starting point in that case and “this case has to attract a headline sentence greater than that,” Mr Heneghan submitted.

Counsel for McCarthy, Derek Cooney BL, said there were unusual features in this case being the credible threat to the life of his client and his duress in relation to a drug debt. Those factors weren’t present in the Tipperary case, Mr Cooney said.

Mr Justice George Birmingham asked during counsel’s submissions whether a headline sentence of “25 to life” would have been appropriate in this case.

Mr Justice Birmingham, who sat with Mr Justice Alan Mahon and Mr Justice John Hedigan, said the court would reserve its judgment.