A man has been jailed for five years and two months for the rape of his daughter’s friend at a house on the outskirts of Galway City.
Iosif Ghergut (50), formally of Caireal Mor, Headford Road, Galway, pleaded guilty at the Central Criminal Court to one count of oral rape and one count of sexual assault at the same address on October 10th, 2021, on a full facts basis. He has no previous convictions.
The prosecution told the court that Jade MacFarlane wished to waive her anonymity and have Ghergut named.
Passing sentence on Thursday, Ms Justice Karen O’Connor said aggravating factors included that Ms MacFarlane was in the home of Ghergut, a place where she should have felt safe, and that he was someone she trusted. The judge also noted the age disparity of 27 years, that the injured party was unable to leave the bathroom where the rape took place and was told to “shhhh” and “be quiet”. She also noted the impact this has had on Ms MacFarlane and the contents of her victim impact statement.
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Ms Justice O’Connor said Ghergut “may not have entered the earliest of pleas, but it was still of value”. She noted Ghergut’s lack of previous convictions.
The judge said the probation report places Ghergut at low risk of reoffending.
Ms Justice O’Connor sentenced Ghergut to 8½ years on the count of oral rape, which she reduced to five years and eight months. On the count of sexual assault, she sentenced him to six years in prison and reduced this to four years, with both sentences to run concurrently.
She then suspended the last six months of the five-year-and-eight month sentence and backdated it to when he went into custody. She also placed Ghergut under the supervision of the Probation Services for 12 months post-release.
At a previous hearing, Det Gda Adrian Fehily told Mark Lynam SC, prosecuting, that the offending took place at Ghergut’s home on the night of his own daughter’s birthday. Ms MacFarlane and his daughter were friends and had been out socialising with each other before returning to the house. Gherut was present, and they all continued to have drinks and play games. At approximately 4am, people began to leave the party or go to bed.
The court heard that Ghergut and Ms MacFarlane returned to the kitchen after having a cigarette outside. In the kitchen, Ghergut put his hands down the back of her jeans. He then put his hand on her breast and tried to kiss her. Ms MacFarlane pushed him away, and her next memory is of being in the bathroom with Ghergut, with the door locked. Here, Ghergut digitally penetrated the young woman, attempted to rape her and orally raped her.
Det Gda Fehily said Ghergut’s partner then began to bang on the bathroom door, and when the door was opened, there was a commotion between the couple.
Ms McFarlane was distraught, and the gardaí were called. She was taken to a local sexual assault treatment unit, where she was reported to have bruises and cuts. DNA swabs were taken from her cheek and a piece of jewellery, which, upon analysis, matched Ghergut’s DNA.
The court heard Ghergut was arrested but was unfit to be questioned. When he was fit to be questioned, he said he did not have sex with Ms McFarlane but agreed that they had been kissing and had engaged in oral sex, all of which he said was consensual.
Det Gda Fehily agreed with Seamus Clarke SC, defending, that discussions took place and a plea was entered, and even though the plea was late in the day, it was of comfort to the injured party.
Mr Clarke said that he has been instructed to inform the court that Ghergut is “utterly ashamed for what he has done, and that he has done this to someone who was his daughter’s friend”.
