SERIAL rapist Michael Murray has failed to lodge a complaint with the Garda Síochána Ombudsman Commission (GSOC) despite alleging in court that gardaí broke the law by passing on his address to newspapers. Murray claims newspapers have made his life unbearable by publishing his whereabouts.
Murray (50), was released from prison last year after serving 13 years for raping four women over a six-day period in 1995. He said he could not live or work anywhere because as soon as he moved, newspapers revealed his address and printed photos of him.
The High Court last week reserved judgement on the application by the serial rapist for an injunction preventing five newspapers from printing his address and picture.
Murray also claimed the actions of the newspapers had adversely affected his efforts to engage with a rehabilitation programme.
He is claiming damages for
mental pain, distress and anguish caused by interference with his rights to privacy and to maintain a permanent dwelling as protected by the constitution and European Convention on Human Rights.
Murray said he wanted to continue his rehabilitation, which began while he was in prison, and "to live my life and hopefully integrate back into society".
The newspapers had argued the effect of granting the orders sought was to render him unique in the jurisdiction in terms of what the media could publish about him.
Unless one could define with precision the level of privacy a serial rapist enjoyed under our laws, it was impossible to construct an injunction that would be specific and precise enough to be complied with by any responsible party who is subject to it, the papers argued.
A source said there was no internal garda investigation underway to probe whether gardaí passed on Murray's address to journalists, and the GSOC is also not investigating as no complaint had been received.
Sadly, it is not really for the reason of "public protection" that the print media is so intent on hounding this man and others like him. It is purely for the purpose of selling newspapers by printing stories of lurid sexual escapades. Like it or not it seems that the vast majority of our poulation love reading about this stuff. Is that a commentary on our own sexual personas?
Sex crimes have, in my opinion, attracted a disproportionate abhorrence by the Irish public for many years. This is sad, but also not right. Here is a quote from an Irish Supreme Court case regarding sex crimes, public oprobium and punishment "....stated by Denham J. in the Supreme Court in P.D. v. DPP [2008] 1 I.R. 701 as follows:
“It demeans the system of justice if its process is one of vengeance, or has such a perception. It evokes concepts of primitive jurisprudence. ............. It is a question of proportionality.”
The media should bear this in mind (and so should the Gardai who leak information and by doing so seem to set themselves up as judge and jury on peoples lives).