A Limerick businessman has been jailed for a year for organising the abduction of a Liberian man who is still living in fear after being threatened that he would be shot by the IRA.
The Court of Criminal Appeal yesterday imposed a three-year sentence on Raphael Mullally (40), Waterville, Ennis Road, Limerick, but suspended two years of the sentence.
Describing the offence as "extremely serious", the court, on the application of Hugh Hartnett SC, allowed Mullally one week to get his business affairs in order and directed that the sentence take effect from May 11th.
The payment by Mullally of €30,000 compensation to his victim, Jude Romanus, also stands. Two other Limerick men are also serving a one-year term of imprisonment arising from the same offence. They are Jonathan Goodison (24), Thomondgate, Limerick, and Thomas McMahon (24), Flanker Court, Galvone Road, Limerick.
The case arose after Mullally paid the two men €1,000 to kidnap Mr Romanus, who was assaulted by Mullally in the car park of a Limerick pub on January 15th, 2005. Mullally ordered the abduction in an attempt to secure the return of a watch which had been stolen from his sister's house. Mullally wrongfully understood Mr Romanus had carried out the robbery.
After his abduction, Mr Romanus was told he and his wife would be shot by the IRA if a gold watch and chain were not returned. He protested his innocence of the robbery but was assaulted by Mullally. Later that night he received a phone call at his home from a man who threatened to come to the house and kill Mr Romanus's wife.
During the trial of Mullally and the other two men, they accepted Mr Romanus had not carried out the robbery and admitted false imprisonment and also threatening to kill or cause him serious harm.
Limerick Circuit Court had imposed a three-year suspended sentence on all three but the sentences were appealed by the DPP on grounds of undue leniency.
Mr Justice Nial Fennelly, presiding, said the court had given the case an unusual amount of anxious consideration. The overwhelming factor against Mullally was that he had organised the abduction of Mr Romanus and was the planner of an operation that involved the deception of gardaí in order to get details about Mr Romanus and the false imprisonment of Mr Romanus with a threat to kill him, the judge said. In those circumstances, the court considered there must be a custodial element to the sentence.
