A man has been jailed for eight years for the rape of his then wife almost five years ago.
A jury at the Central Criminal Court convicted Riad Hamzi, aged 51, last December of a single count of rape on 19 August 2020 at a house in Cork.
The court heard today that his former wife, Elena O'Brien, wished to waive her anonymity to allow Hamzi to be named.
Today, 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 20 December, 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, his work history, and that he is an "active member of his religious community" as outlined by two character witnesses called on his behalf.
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.
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 judge wished Ms O'Brien well for the future.
