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Updated 5.25 pm
A FORMER SINN Fein councillor who physically and mentally tortured a man he believed was trying to defraud him has been jailed for 12 years by the Special Criminal Court.
The court found that Jonathan Dowdall’s victim, Anthony Hurley, was subjected to a “gratuitous, humiliating and degrading” ordeal during which he was tied to a chair and waterboarded.
Dowdall claimed he was a member of the IRA and Hurley was told he would be “chopped up” and “fed to the dogs”.
Patrick Dowdall, the father of the former councillor, was sentenced to eight years in prison for his role in the offence. Jonathan Dowdall was also given a concurrent four years and his father a concurrent three years in prison for threatening to kill the victim.
Presiding judge Justice Isobel Kennedy said that these were “most serious offences”.
“The injured party was subjected to a horrendous and terrifying ordeal, he endured what can only be described as physical and mental torture at the hands of the Dowdalls,” she said.
Last month, footage recorded on a mobile phone was shown to the court of Jonathan Dowdall (40) wearing a balaclava and holding a tea-towel to the man’s face before pouring water over his head.
The court heard that Gardaí searching Jonathan Dowdall’s house in relation to a separate matter found the footage on a USB flash drive. An assertion by Jonathan Dowdall that he would have uploaded the footage to YouTube was found to be “deeply disturbing” by the non-jury court.
The two men had met after Dowdall had advertised a motorbike for sale on donedeal.ie.
False imprisonment
Jonathan Dowdall, with an address at Navan Road, Dublin 7 and his father Patrick Dowdall (60), of the same address, had both admitted to falsely imprisoning Alexander Hurley by detaining him without his consent at Navan Road, Dublin 7 on 15 January, 2015.
Both men had also pleaded guilty to threatening to kill Hurley at the same place on the same date.
Before handing down sentence today Justice Kennedy, presiding, sitting with Judge Sinead Ni Chulachain and Judge James Faughnan, read the facts of the case to the court.
The judge said the case was originally listed for trial but the two men pleaded guilty to false imprisonment and making threats to kill on 27 March this year.
She said a sentence hearing took place in May but a “Newton hearing” was necessary to resolve the conflict of the facts in the case.
The judge said the Gardaí were searching Jonathan Dowdall’s house on the Navan Road on 9 March, 2016 in relation to a separate matter, when they found a USB flash drive. The USB stick was analysed and footage was found on it of a man being forcibly detained.
On May 28, 2016 Alexander Hurley was located and he made a statement to Gardaí.
Motorbike
The judge said Hurley made contact with Jonathan Dowdall on 10 January, 2015 regarding the sale of a motorbike.
The first meeting took place between the two men on 12 January, 2015 when Hurley went to Dowdall’s home.
Jonathan Dowdall dropped Hurley to O’Connell Street that evening and there was subsequent contact between the two men regarding the purchase of the motorbike.
Jonathan Dowdall then invited Hurley to his home for dinner and insisted he attend. Hurley was told Patrick Dowdall had enjoyed his company on the previous occasion and so Hurley accepted the invite to dinner.
On January 15, Jonathan Dowdall collected Hurley and they arrived at his house on the Navan Road at 7.20pm.
The judge said after Jonathan Dowdall opened the door, Hurley was met by Patrick Dowdall who pushed him into the garage and backed him into a swivel chair. Hurley’s wrists, chest and legs were tied to the chair with cable ties.
Hurley told Gardaí he was “petrified” and Jonathan Dowdall called him “a lying bastard from the sewer.”
Waterboarded
The Dowdalls and another man described what they were going to do to him such as feed parts of him to the dogs, chop him up and store him in the boot of a BMW unless he told the truth. He was told there was no point in screaming as the garage was sound-proof and no one would hear him.
The judge said Hurley was accused of being a thief and how he had tried to steal a car from another person.
The court previously heard how a girl came into the garage with a bucket and a tea towel.
The judge said that it was “blatantly untrue” that there were only two men in the house at the time as some of the evidence was recorded by a female.
The Dowdalls had been unable to recall in their evidence who had recorded the ordeal on the evening, she said.
Justice Kennedy said “facilitating” a young woman to record events was “very concerning” and described it as an “aggravating factor” in the case.
Jonathan Dowdall proceeded to place a tea towel and pour water over Hurley’s head. Hurley told gardaí that he thought he was drowning as he could not breathe.
Hurley explained to Gardaí how the cable ties were tightened on him. He was told he would be fed to the dogs and his head would be “burned at the steak.” He was told he was stupid to mess with the IRA and he would be dead within 24 hours if he went to the Gardaí.
He was also told that if he told a soul about this that his parents would be dead with 48 hours of his disappearance.
Pliers
The court heard that at one stage Patrick Dowdall pulled out a silver pliers and threatened to pull Hurley’s fingers off. Jonathan Dowdall told him he was concerned that he was fraudulently trying to use his bank details.
Justice Kennedy said the court viewed three pieces of video footage arising from January 15 which depicted a “truly terrifying ordeal which no words could adequately convey.”
She said the video footage depicted “with the utmost clarity the abject terror” experienced by Hurley as a result of the Dowdall’s acts and words.
The judge said it was “fortuitous” that the recording was recovered by the Gardaí so the two men could be brought to justice.
Justice Kennedy said it was “chilling” that the recording was made in the first place and the purpose of it was “unknown”. She said the fact Jonathan Dowdall had told the court he would have uploaded the footage to You Tube was “deeply disturbing” and showed that his moral compass was “fundamentally skewed”.
She said the injured party can be seen whimpering but the “callous and brutal attack continued”.
The judge said the men were arrested on 17 May, 2016 and since then they have expressed apologies and regret.
Married
She said Jonathan Dowdall was a married man with four daughters and was an electrician by trade. He was a devoted family and community man who had a difficult upbringing, she said.
The court heard Patrick Dowdall is a separated man who has four children. “He also had a difficult upbringing and poor health,” she said.
The judge said the court wished “to deprecate in the strongest possible terms” the seeking of a “Newton hearing”.
She said to have put Hurley through the ordeal of having to give evidence “significantly lessened the credit that would have otherwise been given for an already late plea of guilty.”
She said arrangements were put in place to bring Hurley to the house and this “indicated premeditation”.
She said these were “most serious offences” and Hurley was subjected to a “horrendous and terrifying ordeal.”
Justice Kennedy went on to say that there were a number of aggravating factors including the significant harm caused to Hurley, the duration of the ordeal and the continued “savage attack” despite Hurley’s pleas to desist.
Remorse
Mitigating factors for Jonathan Dowdall included his guilty plea, no previous convictions, his work record, his physical and mental health, his expressions of remorse and the testimonials handed into court.
Having regard to the gravity of the offence, the judge said, the court considered 14 years an appropriate sentence for Jonathan Dowdall. Taking into account mitigating factors, the court reduced the sentence to 12 years.
“Despite his protestations of remorse, the Newton hearing had the effect of tainting the genuine nature of that remorse,” she said.
Justice Kennedy said that Patrick Dowdall had “less involvement” in the ordeal and the court considered 11 years an appropriate sentence.
Taking into account mitigating factors such as his health issues and his history of depression, the court reduced the sentence to 8 years.
Ms Justice Kennedy said all sentences were to run concurrently and were backdated to 17 May, 2016.
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Got what he deserved!
Listen liveline now as they discuss him
@Old Gabby Johnson: to continue – for FF you’d associate corruption, FG= incompetance, AAA/etc etc = not wanting to pay for anything, protesting, Labour = lilly livered – but SF just have that something else we all know deep down.
@cp: It’s a disgrace that this man, a true patriot, gets 12 years for this, and Seanie Fitz gets off scot free. I don’t understand it.
@David Murphey: ‘True Patriot’?
@Old Gabby Johnson: You forgot to add, What’s in it for me. Now what party would that be associated with ? Would it be by any chance FG.
@David Murphey: a true patriot?please explain?
@David Murphey: “a true patriot”
Ah c’mon, are you an FG troll?
I mean surely no SF member would be so dumb as to post a comment in support of kidnapping and torture.
I mean, would they?
@David Murphey: I’m a member of Sinn Féin and even I’m gonna call you out on that… What a load of buIl! Sure Sean Fitzpatrick got off scot free and that was a major travesty of justice.. But Dowdall got the right sentence for this, his actions cannot be condoned!
@Old Gabby Johnson: ‘Okay, for your chance win the car – a former member of a political party was convicted of soliciting someone to murder a garda, a Revenue Commissioner’s official and an accountant – can you name that party?’
Two can play this game.
@David Murphey: I think a lot of us on here might not understand who you are referring to as a true Patriot ?
I was totally in favour of jailing him umtil I found out about him being a patriot. This revelation changes everything.
@David Murphey: are you for real??
@cp: that being said, he may appeal, the law is a funny thing, and I’m no expert, but it intrigues me how a judge was able to tell the accused that he was losing some of the credit for his guilty plea, by invoking the Newton hearing . The Newton hearing is obviously a right an accused person has, so even if the injured party had to give evidence during it , it still was Dowdalls legal right to have it, so by saying she was in fact punishing him for having it, isn’t that infringing on his rights , and making this Newton hearing a gamble instead of an entitlement.. if I’m cracked tell me , if I’m right tell his legal team to pop a cheque in the post….. PS great sentence though, hope they stick .
Wonder can Gerry get him out if he claims to be a political prisoner
@Keith Grant: He was a serving Sinn Fein councillor when he committed these crimes…..
@Keith Grant: hello mary lou
@Keith Grant: well,he was on active service,albeit in a garage
@Brinster: self serving councillor,like most of them
@Keith Grant: He’s not a member of SF. He was quite rightly expelled from SF, who take this kind of thing very seriously.
Stop gloating and using this as an excuse to bash SF.
@David Murphey: only take it seriously if not sanctioned
@David Murphey: In other words Sinn Fein didn’t want the bad publicity so they got rid of him .
@David Murphey: “He was quite rightly expelled from SF, who take this kind of thing very seriously.”
HAHAHAHAHAHAHAHAHAHA!!!
That is the funniest post I’ve ever read here!
Comedy genius
@Brinster: As was the FG councillor when he asked Whats in it for me.
@Just Me: You’re justifying torture because someone else was corrupt?
What a lovely place Shinnerland is.
@David Murphey: I take it that was tongue in cheek but just to be clear he was not expelled he left the party citing bullying in the ranks….Mary Lou worked closely with him, regretted his departure and at the time hoped that he would come back into the fold……very embarrassing!
@Keith Grant: as I see it most of the most popular remarks on this article are by the clueless capitalist class and blueshirts….
not saying that to you but to the threads that follow
@Brinster: Check the IT May ’16, he was not a SF councillor when the crimes are committed
@vNblxOSQ: “he was not a SF councillor when the crimes are committed”
YES. HE. WAS.
The crimes were committed in January 2015.
He left in February 2015. Here’s the Journal story on it –
http://www.thejournal.ie/sinn-fein-jonathan-dowdall-resigns-1937189-Feb2015/
The evidence of the crimes was discovered in 2016.
Read the article properly.
Another excellent result for the Irish Special Criminal Court. Very effective mechanism to tackle crims and terrorists. No surprise that Sinn Fein and their vocal fan club hate it so much when it sends down so many perps like this water boarding afficionado, Mary Lou’s ex pal.
If only Mr Dowdall had been caught for mere white collar crime he might even be now feted as a ‘good’ republican.
This is your average SF councillor. Dowdall and slab Murphy all greats of Sinn Fein
@Jurgen Remak: what was the party that wanted to get rid of the special criminal court and as part of their political manifesto, it was SF.
@Eamon: Err Slab Murphy was’nt a councillor.
@Just Me: Did I say he was a councillor?
@Eamon: Yes, You implied.
@Jurgen Remak: First off – these weirdos got what they deserved, tho it again begs the question why murderers and rapists get less and again questions the consistency of our justice system.
I see absolutely no need here for this to be tried in the SCC or for a Newtown hearing.
On the SCC issue I read no evidence that this was an IRA crime.
On the Newtown, I did not see where the conflict of evidence arose – which is a prerequisite for a Newtown.
Genuine question, not trolling, but our whole justice system is questionable – and necessarily so.
!2 years for waterboarding a alleged fraudster, and suspended sentence for youths that broke into a 82yo olds home forced her out of bed for a few quid she was keeping? Confused!….
@Dáithí Ó Raghallaigh: well forcing a person out of bed and waterboarding a person are vastly different things. I think those guys that robbed the woman should have got prison but this dude certainly deserves every minute he was sentenced to.
@Mick Murphy: mich you sound surprised at his defence. The Shinnerbots will always rush to the rescue.
@John B: It’s crazy though John. Any right minded individual who followed this case would have to understand how awful what he did was. Political allegiances aside. Comparing other over lenient sentences with what in my opinion is a decent sentence is not a worthy debate. It’s merely saying “what about such and such”. Surely it doesn’t need explaining that what he did deserved the sentence..
@John B: Question: Where are the dozens of full time HQ sponsored Shinnerbots & SF/IRA trolls that police The Journal Comments ??? They are gone silent on Dowdall story. Not a peep from them. Direction from SF/IRA HQ – with special clearance from Mary Lou McDonald – keep your heads down and it will go away. Tomorrow we can return to hypocritically pontificating about the Gardai
@Dáithí Ó Raghallaigh: would a quick water boarding unconfuse you ha ha
I’m sure he was a Good Republican tho. No doubt Gerry and Mary-Lou will be along to cry about the Special Criminal Court in the next few days. Best court in the land.
He did get what he deserved but it’s hard to believe that there’s child molesters getting a lot less …it’s a very very bad system we have
@Paul Murphy: I think having the self declared Leader of the IRA finally behind bars after all these decades is a great!
How long did Gerry Adams’ brother get?
Holy$hitballs you don’t get that for murder, not condoning what he did but the law really needs to be reviewed. A woman kills a baby and get done for manslaught, and gets 5 years.
@Gavin Redmond: To be fair she was suffering badly from psychosis and paranoia.While this guy believed he was part of a real Irish army and everyone was out to get him. Oh.
@Gulliver Foyle: This is the response I was waiting on, when do we stop blaming mental illness on everything seems to be a quick option out, it’s unacceptable and it’s time to put proper repercussions on crimes, a person assault a member of the emergency services there is stronger sentences then if it is an ordinary member of the public WHY. Assault is assault, there should be mandatory sentences.
@Gavin Redmond: are you aware that woman asked for help and the state did not intervene and just left her with her demons and that child.
She reached out. She expressed her feelings of not being able to look after her child.
How dare u compare this low life to her.
@Fabio Dillon: How dare I…. Fabio she took the life of a defenceless baby not someone you could defend themselves. (But this was not about her or him it was a point about the law and how it needs to be reviewed) so Ball locks if you think just because she reached out that it was justified, what mother or father at one point doesn’t feel low and stressed out with kids.
@Gavin Redmond: Actually Gavin there is a difference. No one is blaming illness or upbringing for the crime this women committed. But she was seriously mentally ill. In other words she could not tell right from wrong. We are not taking depression we are talking barking mad. If you can’t see the difference then I am sorry for you. There is a big difference between a person in their right mind killing a child and a person who is clinically nuts. Of course the outcome for the unfortunate victim is he same but he difference between the two actions is stark.
That’s Sinn fein for you
Eamon. He is not in Sinn Fein.
@ray.farrelly: he was a sitting Sinn Féin councillor, he is literally as sinn féin as you can get
Mary lous best mate!
Good!
Wow now that’s a sentence pity they don’t hand similar to child molesters who ruin lives!!!!
He should have made him sit through an episode of fair city, same degree of torture no jail time.
@David Murphey: David he was a member of sinn fein when he committed the offence
Saying he’s not in Sinn Fein is pretty much the same as saying Bertie isn’t in Fianna Fail anymore. He still did it while he was in that particular party. The fact he was expelled by Sinn Fein is literally so they don’t get any negative press from having a criminal in their ranks
@David Orde: there’s plenty of criminals still in SF lol.
@David Orde: And Lowry isn’t in Fine Gael anymore. (wink wink)
Good enough for him. What a delusional clown.
Maybe they can have a Good Thursday agreement……
@Jimmy Duffy: v good
Hard left wing politics has historically always been associated with violence.
S.F. and AAA are no exceptions.
@Buster VL: I suppose hard right wing has never been associated with violence. So we can forget about the Nazi’s. Apartheid SA. Franco in Spain and of course FG tying prisoners to a tree stump and blowing them up with a land mine.
some habits die hard yet idiots think these shower are the future government.
@dead right: There are showers like him in other party’s too
https://www.rte.ie/news/2015/0422/695981-ex-cllr-jailed-for-three-years/
@No To Forced Births!: I see what you are getting at, it’s all councillors we should be wary of. And there I was brainwashed that it was just SF. Thanks!
@No To Forced Births!: good ould fashioned what abatoutary you can’t whack it.
@dead right: I was never a SF/IRA supporter, but I’d never have my head in the sand as you do DR. If you know anything of the process that happened in NI- which was incredibly awful in ALL of its aspects – you’d recognise that what exists there now is an exemplar of a peace process. And SF were primary in achieving that. And are by any standards party to a stable Govt there for almost 2 decades.
And you call other people idiots?
@vNblxOSQ: I’m delighted to hear you never supported bombs planted in a bin which blew 2children to bits in warrenton now SF are a part of a peace process which cannot fail because the yanks ,Brits, European union and our government won’t let if, remember SF had pulled the institution’s down a couple of times also they are in a process because the armed struggle was finished as it was riddled with informers from top to bottom .
@vNblxOSQ: and to answer the question you asked me in your last sentence yes I believe anyone who votes for SF is an idiot.
Certain people up on false imprisonment charges should be sh!tting themselves about now. I wonder about this sentance as a rapist might only get about 3 years. Surely rape is false imprisonment and torture.
He left sinn fein but re joined them and was a member during this ordeal.
This is all here on the journal if you read the various articles going back.
Can’t help thinking if he was a FF or FG councillor, he’d probably have got something like a two month suspended sentence.
Won’t be the last Shinner to go to prison for acts of violence
Perfect!.
Its a type of notable sentence we are unused to seeing delivered. Torture, kidnap and intimidation, organised crime, incredibly extreme transgressions. Automatic 25% remission makes it 9 years. Possible to reduce that again could make it 6-8. An appeal could reduce it further. Its significant but continues to set relatively weak precedents.
HORRIBLE crime but to get a sentence like that I’m sure he’s regretting not actually going through with his threats! Only saying as his sentence would probably have been the same.
Good to see a stiff sentence handed out,even if they are a rarity in this criminal paradise.Fair play to Dowdall for video recording his waterboarding session and making the prosecutions job a piece of cake.12 years for stupidity to run concurrently..
12 years is not long enough for him & eight years is not long enough for the father
Even by Special criminal court standards…that is a heavy sentence.Methinks they are sending a certain political party a message…
He’s an innocent Maun. It’s the sitcha aceshun that exists that has him in jail.
serves him right
Brilliant that he got 12 years. It should be with hard labour too. And no remission for so-called “good behaviour” while in custody. These people think they are untouchable.
He’s going to be killed for claiming he was in the IRA. Dead man walking.
Should have motor boated him instead
Guys do some research he was kicked out of sinn fein before it happened.
@Gavin Delves: he was a sitting SF councillor when it happened.
Nice try, though.
I am not going to use the word “harsh”, because this crime deserves a punishment, however I can fully understand why some people on here think that the 12 years handed out is a bit of a long sentence. If all violent crime was punished so, that would be great, but it’s the inconsistency that confuses us. Every day on here we read of totally unacceptably small sentences handed down for serious crimes. I must say I have been following this case and I am surprised at the length of the sentence. That is not to say it isn’t deserved, but there is a danger of this looking like something political when we see so many other serious crimes not punished with the same severity.
He was NOT a sitting SF councillor by this time. Even the Indo confirm this.
And the Yanks get away with it scot free!
While what he did was awful, murderers and rapists get a lot less. Not to mention white collar crime. Can’t condone it but he would’ve got less for killing the guy
@Keith Gregg: Ain’t that the truth! Like yourself, I don’t condone what he did, but if he hadn’t been a shinner, would he have gotten such a long sentence?
What he did was terrible and deservably gets jail time but why did he get 7 years more than the mother who killed her toddler with scissors? Way worse in my opinion and many paedophilic crimes get less sentences.
Not enough. The disillusioned fool
So surprised he was a member of Sinn Fein!!
I thought taking him water boarding would have been a treat jesus no good turn goes unpunished
Great to see a thug jailed
He was found guilty by the highest court in the land. My worry is there any more who think themselves Judge and Jury and above the law ?
He would have got a lower sentence if he had just killed him outright,
@Teddy: next time
Hell be out in 2 on good behavior. No doubt.
Sinn Fein are the real victims here
Yet a child rapist gets less than half of this sentence, if it’s not suspended.
Got what he deserved for the assault. Shouls ger another 20 for being in the ra
Amor
David murphey@ check again dont go with what you read on the journal
If he killed him he would have gotten a lesser sentence.
Fcuk him he deserved if for his stupidity alone.
That violent a-hole is not welcome in Sinn Fein or any other party. Not fit to represent people.
Can you detain someone WITH their consent? :D
Wow there are quite a few badly infected spleens and bitter bile being vomited out!
Tells us quite a lot about people and their inner maladies.
Having been found guilty of the charges the learned judge gave sentence.
The perpetrator’s religion, sexual orientation, occupation or favourite tv soap, is totally irrelevant.
They say it’s better out than in, so get that bile out of youse and vent them spleens.
Im comfortable with my opinions and beliefs and don’t feel that way.
Hope youse feel better soon.
They search his house on an unrelated matter and find nothing but the idiot had to keep a video of his heinous torture of the victim as a kind of trophy this was a gift from the gods to the Gardai he totally and utterly hung himself he definitely gets the lifetime award for Ireland’s dumbest criminal I’d say his Dad is fuming he kept that footage.
He would have received a lower sentence if he was a member of fg or ff…political decision and the duration of the sentence should be appealed. The ‘victim’ will be slow to scam someone again.
The variance of sentencing is great in Ireland but then judges are appointed by FG.
It is internationally agreed that the SCC be abolished.
Wouldn’t it be a change for the books if there was a Special White Collar Crime Court setup ?
Burned at the stake, not ‘steak’. FFS
@WatchfulAxe: well done
Disgraceful discussion. Any dirt bag passing bad cheques deserves a serious talking too with a base bat in your hand.
Perplexed at sentencing inconsistencies
I think the con man will think twice when he tries to con someone again
What appal’s me is the tacit approval of a lot of the people commenting on this piece. This so called man abducted another person and tourtured Him for many hours. He has and was a Sine Fein member. So he should get some special treatment!!! Bloody hell NO.
He is a thug and a criminal.End off. 12 years not enough for anyone who did what he and and his family did.
Bit ott imo
“Socialists care for people”
Meanwhile the funeral pyre of bodies grow higher
Read your Solzhenitsyn , folks.
Jesus! He’s fierce ugly
$cum
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