A married farmer and father of four was unanimously found guilty by a jury on Friday of raping a man on two separate occasions.
Thomas “Tossy” Nyhan (64), from Crookstown, Co Cork, can be named for the first time, after a judge lifted reporting restrictions following Nyhan’s 11-day trial at the Central Criminal Court, Limerick.
Ms Justice Mary Ellen Ring ordered that no details be reported which might lead to the identification of the victim, who told the court that the rapes felt like “barbed wire” inside him.
Nyhan had denied two counts of anal rape of the victim, at a location in Munster, in January 2011 and in April 2019.
When questioned in May 2019 by gardaí about the rapes, Nyhan accepted some sexual activity had occurred between him and the victim but he denied raping him, the court heard.
The rape allegations, which were presented in court by prosecuting senior counsel Fionnuala O’Sullivan and prosecuting barrister Lily Buckley, instructed by Aoife O’Halloran, Chief State Solicitor’s Office, surfaced when the victim told his GP following the second rape.
During the trial, and while under cross-examination by Nyhan’s barrister, senior counsel Mark Nicholas, the victim agreed that he had remained in regular contact with Nyhan following the first rape in 2011.
The victim denied claims by Nyhan that he had asked him for money for sex and that he had grabbed Nyhan’s “crotch” a number of times.
The victim said Nyhan’s claims were “lies”.
Speaking about the rapes, the victim told the court: “I told him to stop, I didn’t like it.”
When asked by Mr Nicholas what he was doing when he alleged that Nyhan was removing his trousers and underpants, the victim replied: “I was just scared, I just froze.”
Mr Nicholas said Nyhan claimed the victim asked him for €150 cash for sex, and that the victim had removed his own pants and underpants for sex.
Mr Nicholas suggested the victim had been in possession of “a knife” and that as Nyhan “was afraid you’d harm yourself”, “he pretended to go along with it”.
The victim told the court this was “bullshit”.
The victim told the court Nyhan threw him on the bed, and despite pleading with Nyhan to “stop” the farmer “thrust” himself into the victim and told him he “loved” him.
The victim told the court Nyhan’s denials were “lies”.
“It was like barbed wire ... it was like hell, like something burning you,” the victim said, breaking down in tears, giving his evidence.
Nyhan’s wife, Mary Nyhan, accompanied her husband to court every day of his trial and sat with him during breaks in proceedings.
After the verdicts were returned the couple walked out of the court together.
Thomas “Tossy” Nyhan was remanded on bail for sentencing on June 23rd.
