Graham Carey to be sentenced for incitement to hatred offences
Declan Brennan
A truck driver who referred to refugees as “rape-ugees” and threatened to throw their “bleeding corpses into the sea” will be sentenced on Friday morning for incitement to hatred.
In January 2023, Graham Carey (42) made a livestream on Instagram in which he said that refugees "were here to rape women and children".
He also called on listeners to gather at Finglas Garda station in north Dublin.
The recording was made in the days following an allegation by a local woman that she had been sexually assaulted by a refugee.
This led to days of anti-migrant protests even after it emerged that the alleged assault involved a local white male.
Carey’s 30-minute livestream on January 30th was also recorded and posted on social media.
Carey of Dunsink Drive, Finglas, was subsequently arrested and charged with using words that were threatening, abusive or insulting and intended to or likely to stir up hatred.
He was also charged with distribution of a recording of images or sound likely to stir up hatred.
He pleaded not guilty to both offences, which are contrary to the 1989 Prohibition of Incitement To Hatred Act.
A jury returned unanimous guilty verdicts on both counts last April after a trial at Dublin Circuit Criminal Court.
At the sentence hearing on Thursday morning, Detective Inspector Gavin Ross told prosecuting counsel, Diarmaid Collins, the offences took place in the context of “disquiet” in the Finglas area after the spreading of misinformation with respect to an alleged sex assault.
He said investigations later determined that the alleged incident did not involve refugees or “people from another country”.
Later, Carey, who was representing himself, accused the Garda witness of not doing his job and said “there was never a rape in Finglas, they set it up to get me” and claimed he was “a political prisoner”.
Dt Inspt Ross told Collins that Carey had led groups of people on protest marches with respect to immigrants around Finglas on a number of occasions. Collins read out a transcript of the recorded livestream in which he said Carey “directed venom” at asylum seekers.
In the livestream, Carey states that the Government is “rewarding evil” by allowing “rape-ugees” into the country “in order that they can rape our people”. He tells his audience that this is “putting your daughters on the fucking menu for them”.
He continued, saying: “Our own people are going to be raped by them. These are not refugees. We are going to get these fucking rapists out of here.”
“Get back to where yiz (sic) came from. Get the fuck out of here before you die on this island. If you refuse to get the fuck out of here you’re going to die on the island and we’ll fuck your bleeding corpse into the sea.”
“We are going back to the law of the land. We have enough local lads to do what has to be done.”
At this point the defendant objected to this evidence. He argued that in his evidence at trial the witness “didn’t say anything about throwing corpses into the sea”.
Judge Ryan allowed the evidence to continue and told Carey he would have an opportunity to cross-examine the witness.
Dt Inspt Ross said Carey told listeners: “we’re here because women are being raped, Facebook want your children raped. If we don’t see this as a war, then we are going to lose the war.”
The garda witness told the court that Carey went on to call on listeners to gather at the garda station. He said that Carey stated that “if gardaí don’t get out, he wasn’t responsible for what happened in the Garda station”.
During the trial Carey asserted he was in Northern Ireland when he recorded the livestream. The prosecution then led evidence to show he was driving an articulated lorry in this jurisdiction.
The trial also viewed footage of a “couple of hundred” people being led by Carey into Finglas garda station. Counsel said that “in fairness to Mr Carey” he could be seen trying to calm things down while inside the station.
Dt Inspt Ross replied that “that’s the tactic...to lead the mob in”. A number of supporters in court made vocal protests at this evidence.
The court heard that Carey has previous convictions for careless driving and driving while over the limit, intoxication in a public place and threatening and abusive behaviour and two speeding offences.
Under cross-examination, Carey put it to Dt Inspt Ross that “I was treated like a terrorist in your care”. The garda inspector denied this and told Carey he was detained under anti-terrorist legislation, but he was treated the same as any other person in detention.
Asked why he or his colleagues had not investigated any of the “crimes” Carey “reported” during his interview under detention, Dt Inspt Ross replied “I don’t know what you’re talking about”.
Carey clarified that this also included reporting crimes that would be committed in the future.
Judge Ryan adjourned finalisation to Friday morning and remanded Carey on continuing bail.
Carey said he had a number of handwritten testimonials which he wanted to hand into court for consideration in sentencing.
Judge Ryan asked the defendant to provide copies of these to the prosecution “out of fairness”.
The court previously heard that after his arrest, Carey's reply to the charge was: "In hindsight, it won't be happening again; I will be taking a different approach going forward."
At an appearance at Dublin District Court, Carey said the video was referring to undocumented migrants.
"I was talking about undocumented migrants that have been brought into my area," he told the court, adding that refugees were welcome but not the undocumented.
Carey represented himself during the trial and had a number of supporters in court throughout.
Around 30 people were in court for the sentence hearing on Thursday morning, and Judge Ryan had to repeatedly ask people to respect the formality of the court and not to shout or cheer.
The case was previously listed for sentence on June 19th. On that date Carey told Judge Ryan that he wished to have professional representation but that he had been unable to get a solicitor to come on record.
Judge Ryan adjourned sentencing to July 3rd to give him more time to find a solicitor. On that date he told the court that he still had no solicitor and Judge Ryan again adjourned sentencing.
On that date Carey also made an application to vary his bail conditions, specifically the ban on the use of social media and not being allowed to attend protests.
Gardaí objected to this, saying they still have concerns about his use of social media.
Carey told the court that he had been criticising government policies, not refugees.
“I was also tried by media and was unable to get a fair trial. I don’t understand who is in danger from me being on social media,” he submitted.
Judge Ryan rejected his application and noted that Carey had “lost the presumption of innocence”.
The offences come with a maximum penalty of a fine of €10,000 or two years imprisonment.
