Two women who assaulted a “frail and vulnerable” pensioner who died nine months after the violent incident in Derry were both jailed today (Monday).
Daniel Guyler, 75, was found lying on the street in the Waterside area of the city on the evening of July 23, 2018. He never regained consciousness and passed away in Altnagelvin Hospital on May 1, 2019.
Rhona Mary Gracey, 36, - who has an extensive history of violence - was handed a nine-year sentence, while co-accused Sharon Mary Faustina Harland, 47, had a sentence of seven-and-a-half years imposed.
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Both terms were divided equally between custody and licence - and as the women were both deemed by Probation to present a significant risk to the public, a extended period of three years on licence was added to their sentences.
As he jailed the pair on a charge of manslaughter, Mr Justice O’Hara said: “The assault which took Mr Guyler’s life was an assault on a frail, elderly man who had been drinking for some time with the defendants.
“At least in part it was motivated by robbery. The defendants ran off and left him grievously injured on the road and he lingered in hospital for nine months before he died.”
Despite Harland, of Bridge Street in Derry saying she had no recollection of what happened and Gracey from Chobham Street in East Belfast giving a limited version of events, both woman admitted the unlawful killing of the pensioner.
Belfast Crown Court heard Mr Guyler was discovered lying on the street with a significant head wound and other injuries. There were no witnesses to the assault - but he had been in Harland and Gracey’s company that day and the women were seen disposing of his wallet which when found was missing £400.
The pair had money after the incident which they didn’t have before and the victim’s blood was found on shoes belonging to both women and on a pair of Harland’s trousers.
Mr Justice O’Hara said that whilst it was impossible to determine how the injuries on Mr Guyler were inflicted, the guilty pleas entered by both women reflected their involvement.
The Judge also noted that whilst Mr Guyler was frail and had underlying health issues, his spell in hospital after the attack was distressing for his nephew who regularly visited his uncle and recalled “tubes coming out of his body, just lying there month after month”.
He also said that after considering defence submissions and reports on both defendants, he had made a distinction between them regarding the sentences imposed.
Gracey, who attended via a videolink with Hydebank, has 55 previous convictions including charges of attacking a man with a hammer and stabbing a woman in the tight.
Mr Justice O’Hara spoke of her “deeply unhappy” and “traumatic” childhood, her addition issues and history of violence - but said she is now taking steps to address her issues whilst in custody.
Harland has spent the last 27 months in the Shannon Clinic at Knockbracken Healthcare Centre in Belfast and attended her sentencing remotely from the facility.
The Judge said she also experienced a traumatic childhood, ran away from home ages 11 and has a deep-seated addiction to alcohol and drugs which started in her teens.
He revealed she has long-standing and serious mental health issues, has been diagnosed with paranoid schizophrenia and is likely to serve the entire period of custody in Shannon.
Detective Inspector Claire McGarvey from the Police Service’s Major Investigation Team said: “This was a vicious, unprovoked assault on Daniel Guyler, an elderly man who was brutally beaten and robbed of his wallet. After attacking him, Gracey and Harland left him lying on the ground with serious injuries. They have now been made amenable for their heinous crimes.
“We want to pay tribute to the local community in the city who came forward with information which assisted our detectives during this investigation, our Criminal Justice Partners – the Public Prosecution Service and Forensic Science Northern Ireland – and our dedicated team of detectives who have worked to bring these two women before the court to ensure they are held accountable for the horrific crimes they committed."
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