Man jailed for raping his wife who wanted to split up

Eimear Dodd

A man has been jailed for eight years for the rape of his then-wife.

A jury at the Central Criminal Court convicted Riad Hamzi (51) last December of a single count of rape on August 19th, 2020, at a house in Cork. The court heard on Monday that his former wife, Elena O'Brien, wished to waive her anonymity to allow Hamzi to be named.

On Monday, Mr Justice Paul Burns imposed a sentence of nine years on Hamzi, of Elmvale Court, Wilton, Cork, with the final year suspended for three years on strict conditions. He backdated the sentence to December 20th, when Hamzi went into custody.

Mr Justice Burns said the aggravating features of the case included the relationship between the parties and the impact on the victim.

The judge said the level of violence over and above the rape itself was also an aggravating factor.

Mr Justice Burns said he had taken into account the mitigation including the contents of a medical report, Hamzi's health issues, work history and that he is an “active member of his religious community” as outlined by two character witnesses called on his behalf.

The judge wished Ms O'Brien well for the future.

At a previous sentence hearing, Ms O'Brien said in her victim impact statement that Hamzi was “supposed to be my husband, the one person I could trust most in the world, the person I should feel safest with, who was supposed to love and protect me.

“Instead, he broke all trust. He told me he loved me, but his actions showed me that he thought he owned me and saw me as a possession here to serve him”.

The court previously heard evidence that on the night in question, the victim expressed concerns about difficulties in their marriage and a wish to separate.

Hamzi told her everything was fine, then became aggressive, punching her twice in the body. He then raped her and put his fist in her mouth after telling the victim to be quiet.

Hamzi denied the allegation of rape and told gardaí it was consensual sex. He has a long work history and is an Algerian national who has been living in Ireland for over 25 years.

The investigating garda confirmed to Alice Fawsitt SC, defending, that he was aware of Hamzi's previous cancer diagnosis. A medical report was handed to the court, and Ms Fawsitt said a recent scan is clear, but her client has ongoing health issues.

Reading her impact statement, Ms O'Brien said she had “used his name with love and affection” for many years, but doesn't say it anymore as it is “now the name of the person who crushed me”.

She said she “gave everything” to build their life together, but their marriage was difficult and the decision to leave was not made lightly.

She said Hamzi “chose to rape me, instead of talking to me” and through his actions, “showed me exactly what he thought of me”.

“I was just a possession,” she said, adding that Hamzi had no love or respect for her and instead believed “he owned me and could do what he wanted to me”.

She said she feared for her life in that moment and no longer felt safe. She outlined struggling with sleep, PTSD and nightmares.

Ms O'Brien said she found the criminal process difficult and was unable to work for several months. She said she also faced additional costs for counselling and other supports.

She said she is “just surviving, not living” and doesn't yet know the full impact of what happened on her.

“I need to try to find some peace and healing... I don’t know how or if it's possible, but I know it will take a lifetime”.

Ms Fawsitt asked the court to take into account her client's cancer diagnosis, the contents of medical reports and his personal circumstances.

Two character witnesses – a surgeon and a businessman – read testimonials on Hamzi's behalf at an earlier sentence hearing.

The surgeon said Hamzi's conviction “contrasts with the character of the man I've known for many years”.

He said he “always found him [Hamzi] to be a gentleman”.

The surgeon said he was “shocked and deeply saddened” when he was told about the charge faced by Hamzi, who he described as a “man who genuinely feels the pain of others and has always been a help to others in need”.

He said he'd “never seen him [Hamzi] engage in conflict with others”.

“My thoughts are entirely with him and I hope the court will take into account his character, health challenges” and background, the surgeon said.

When asked by prosecuting counsel if he accepted that Hamzi had been convicted by a jury of rape, the surgeon replied “I am aware of the verdict”.

The businessman said the news of Hamzi's conviction had “taken him aback”. He said he'd known Hamzi for many years and knew him to have “never previously been involved in any troubles with others, male or female”.

He said he was “deeply saddened” by Hamzi's cancer diagnosis and that Hamzi expressed a desire to him to get back to good health.

The businessman said Hamzi is “respectful to others and very much respected”. He said he was hopeful the court would be lenient in sentencing to allow Hamzi to recover his health and “get back to normal life”.

At a previous sentence hearing, the court heard the victim asked to speak to Hamzi the night before as they were having marital difficulties. He left the house, returning around 1am, then asked her what she wanted to talk about.

The victim was in the sitting room and initially told him it was too late, then after he insisted, told him about her wish to end their marriage.

He told her everything was fine, then became aggressive, punching her twice in the body.

Hamzi pushed the victim onto the sofa, then raped her. The victim was hysterical and crying, telling him no. He told her to be quiet and put his fist in her mouth.

He left the sitting room but returned shortly afterwards, and turned up the TV to drown out the woman's crying.

She later emailed her solicitor to tell them what had happened. She carried out as normal the next morning, before going to a Garda station to make a complaint.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800 77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.