Three Waterford men sent to prison for false imprisonment, 'sadistic torture' and robbery of SETU student

Three men have been sent to prison for the false imprisonment, robbery and torture of a South East Technological University student in 2023.

In passing his sentence at Waterford Circuit Criminal Court, Judge Eugene O’Kelly said the ordeal suffered by the victim was “humiliation heaped on humiliation”.

“It is a most serious, serious offence. It was a sadistic torture this innocent man was subjected to,” said Judge O’Kelly.

The men were sentenced to four years and six months for false imprisonment, two years and nine months for assault causing harm and a further two years and nine months for robbery.

The terms are to run concurrently, and the final six months were suspended for one year.

Judge O’Kelly said: “It is as shocking a case as this court has had to deal with, and the victim impact statement sets out the gravity of the consequences this has had,” said Judge O’Kelly.

After rereading the victim impact statement, Judge O’Kelly said that the attack was “cruel, callous and humiliating” and praised the victim for “bravely giving his statement".

He said that in addition to the attack, the recording and broadcasting, as well as the taking of his belongings, was designed to “amplify” the victim’s suffering.

“His life story was contained on his telephone as it is with many young people. And then to change his login details, which wiped out the possibility of getting his photos and his life story," said Judge O’Kelly.

INCIDENT AND IMPACT

Elroy Kalu (21), of 86 Avondale Park, Mulduddart, Blanchardstown, Dublin 15, and two other men pleaded guilty to three counts of robbery, theft, assault causing harm and false imprisonment in Waterford on October 2, 2023.

The two other men were minors at the time of the incident and cannot be named.

At a sitting in December, the court heard that gardaí were able to piece together the events of the day from CCTV and footage taken by the defendants on their victim’s phone.

CCTV footage showed the victim taken from the SETU campus on the Cork Road and brought around Waterford City before travelling to Tramore, while they intimidated him into giving them money from his Credit Union account.

The victim was then taken to Wyse Park, where in a sustained attack, the group beat him, waterboarded him, and forced him to drink urine off the ground.

They filmed the incident and broadcast it on the victim’s Snapchat, which is how his friends and family were alerted that something was wrong.  They then forced him to give them his shoes, socks, and earrings, leaving him to walk home barefoot.

After the attack, the group used the defendant’s digital bank card to purchase food for themselves.

In his victim impact statement, the man said the incident had “shattered his sense of safety”. 

He said the four hours he was with his attackers was “horrifying and traumatising” and had “left an incredible mark on his life”. 

Not only had the attack harmed him physically and emotionally, but it had damaged his reputation when the group tried to justify their actions by saying on social media that it was he who had stolen from them.

The victim said that he wanted to make it clear that he had no relationship with the men before they abducted and tortured him.

SENTENCING 

Judge O’Kelly set the headline sentence for the false imprisonment at six years.

Considering mitigating factors and the fact that two of the three men were minors and the third had made some efforts to end the attack, the judge reduced the sentence to four years and six months.

In light of the defendants' efforts at rehabilitation, the judge suspended the final six months for 12 months on the condition that each defendant be put under the supervision of the probation service.

For the assault, Judge O’Kelly set the headline sentence at five years, reducing it to two years and nine months, when the mitigating factors were considered.

For the robbery offences, the judge sentenced the men to two years and nine months in prison.

The sentences are to run concurrently, and credit is also to be given for time spent in custody.

MITIGATION 

Acting for one of the men who cannot be named for legal reasons, Sarah Comerford, BL, said her client was of good behaviour in prison and continuing his education while participating in soccer and attending the gym.

He wrote a letter for the court outlining his progress.

Judge O’Kelly pointed to a section of the letter where the man requests to be allowed to “move into adulthood without a criminal record”. 

Ms Comerford said her client had been “grasping at straws” hoping to be dealt with by the court as a minor but they accepted that a custodial sentence would be passed.

The judge noted in relation to the second anonymous defendant that he had a difficult childhood but has made “considerable progress in custody”. 

The judge also noted that the defendant recognised in his apology letter that he had committed a “horrendous crime”. 

The barrister for Mr Kalu told the court that their client has been in custody for seven months.

In that time, he had gotten clean, continued studying and was now an enhanced prisoner.

Mr Kalu is also charged with violent disorder and possession of drugs with the intent to sell or supply in relation to another separate matter from May 2023.

The evidence was heard in that matter last December, and the defendant pleaded guilty.

He is to next appear before the court on those charges on June 19.