Robber who invasively searched a young woman for drugs jailed for three years

By Fiona Ferguson

A robber who invasively searched a young woman for drugs, ripping her bra and slamming her on the ground has been jailed for three years.

Shem Maher (26) knocked the young woman to the ground, punched her and kicked her to the head before ripping her bra and grabbing her breasts.

Dublin Circuit Criminal Court heard that bystanders heard him shouting, “Where’s my drugs?”

Maher initially denied the offences but forensic tests found his DNA inside her bra.

Maher, with a former address at Marrowbone Lane, Dublin 8, pleaded guilty to two counts of robbery at Usher Street, Dublin 8 on October 27, 2021.

He has seven previous convictions and has been in custody since March.

Passing sentence yesterday, Judge Jonathan Dunphy said there had clearly been a misunderstanding on Maher’s part that one of the injured parties had taken his stash of drugs.

Judge Dunphy said it was a violent robbery in which the young woman was searched invasively while she pleaded to be left alone, and feared she would be raped.

He noted she had bravely kicked Maher and run off to seek help.

He noted that her companion, the second injured party, had also been in fear and froze during the robbery as Maher was significantly larger and younger than him.

He noted the man’s keys to his flat had been taken and he was told he would not get them back until Maher got his drugs.

The judge said there was no evidence that either injured party had drugs on them at that time.

He said Maher’s grievance was unfounded and would not have been an excuse in any case.

He said it was clear the offences had a negative effect on both injured parties.

Judge Dunphy set a headline sentence of six years and taking into account the mitigating factors, such as his guilty plea and remorse, imposed concurrent sentences totalling four years.

He suspended the final year and gave Maher credit for time served.

Garda Matthew Kennefick told David Perry BL, prosecuting, that the female injured party went to Oliver Bond Flats in the early hours of the morning to buy drugs but did not succeed as gardai were present.

She left in the company of a friend and they walked to an alley at the back of the flats.

Maher cycled up behind them and began shouting at the woman: “Where is it?” The woman said she had met Maher one time previously.

Maher ran up to her punched her in the face and knocked her to the ground.

He continued punching her on the face and head.

He picked her up from the ground by her jacket and then hit her off the ground, slamming her head on the ground and then kicked her in the head.

Maher pulled at her bra which ripped, he then grabbed the woman’s breasts, pulled at them and squeezed her left breast hard.

Maher kept screaming at her: “Where is it?” while the woman told him she didn’t have it.

The woman described herself as being in pain and feared Maher would rape her.

She told him she did not have anything and asked him to leave her alone.

She ended up curled in a ball as he continued to punch her and grab at her breasts, before taking €27 euro from her pockets.

Maher then stood over her and pulled her off the ground by her bra.

The woman kicked him as hard as she could and ran away.

Her male friend, who was in his 60’s, had been standing nearby shouting at Maher to stop.

After the woman left the scene Maher ran at the man put his hands into the man’s pockets, pulling out his flat keys and searching for drugs.

The man was scared and feared he would be attacked also.

The two injured parties made their way to a nearby Circle K, followed by Maher who chased them around the forecourt shouting until staff called gardai and he fled the scene.

Gardai found the young woman upset and bleeding, with scratches to her face. She declined medical attention but came back to the garda station and made a statement.

Gardai recovered CCTV footage from the area, a montage of which was shown in court. Maher was arrested and interviewed but denied involvement.

His DNA was found on the inside the bra.

The court heard both injured parties had a history of homelessness and drug use and were currently not contactable by gardai to obtain victim impact statements.

Mr Perry read to the court from the woman’s statement to gardai in which she had outlined some of the effects the offence had on her at that time.

“I feel so small and upset,” she said, outlining she did not deserve what had happened to her.

“No one deserves to be beaten and broke like that,” she said, “It’s not human.”

She said at that time she had been sleeping all day, crying and afraid to answer the door or go out.

She said her face and body were sore where she had been hit and thrown around.

The garda agreed with Conor Devally SC, defending, that Maher had been “universally described” by witnesses on the night as overweight, but has since trimmed down and looks healthier.

Mr Devally said Maher had found a great deal of focus while in custody and was engaged in education.

He said his client had held down employment and was a decent provider to his children.

He asked the court to take into account his guilty plea and that he had faced up to the matter.