Restaurateur in Limerick sexually assaulted woman while she slept in bed with partner

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A WELL-KNOWN restaurateur in Limerick has been jailed for performing a sex act on a woman while she was asleep in bed with her partner.

The court heard that the victim, aged in her late 20s at the time, awoke during the night, lifted the covers up and saw the man’s face in between her thighs.

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Judge Ronan Munro, in passing sentence, said it was “any person’s worst nightmare” and spoke of the “devastating impact” on the victim.

Elias Jihad Khalife, but known in Limerick as Johnny Khalife, aged 61, of St Ritas, Ballymacreese, Ballyneety, pleaded guilty at Limerick Circuit Criminal Court to sexual assault. Reporting restrictions were lifted on naming Mr Khalife, who is originally from Lebanon and is an Irish citizen for 17 years. 

Nothing is to be reported that could identify the victim.

Prosecuting barrister John O’Sullivan, instructed by State solicitor Padraig Mawe, outlined the evidence with the assistance of Garda Stephen Kelleher.

Mr O’Sullivan said Mr Khalife, the woman and her partner were out socialising in Limerick city in February 2018. Mr Khalife was an acquaintance of the victim’s partner and she had met Mr Khalife around two months previously.

“They ended up in a nightclub. She later told gardai in a statement that Mr Khalife was ‘acting a bit strange, I got a bad vibe from him and he kept trying to get me out on the dancefloor’. She has a poor memory of leaving the nightclub.

“She remembers being back at home in bed with her partner. She told gardai she was asleep. She describes being naked under the covers,” said Mr O’Sulllivan, who then read out the woman’s statement to gardai.

‘What eventually woke me was I could feel someone performing oral sex on me. I was lying flat on the bed. I felt across and my partner was beside me so I knew it wasn’t him performing oral sex on me.

“I lifted the covers up and saw Johnny Khalife.  My legs were spread and he was in between them. I just started screaming. I couldn’t believe what was happening. I was in complete shock, complete disbelief. Johnny Khalife dived out from under the covers, lay down on the floor and pretended to be asleep’,” read out Mr O’Sullivan from the woman’s interview with gardai.

The court heard the victim didn’t tell her partner what happened but screamed at him to get Johnny Khalife out of the room. The two men then left the house.

Mr O’Sullivan said the woman went to a neighbour’s home on the outskirts of Limerick city at around 6.30am. Gardai were called and she was taken to a Sexual Assault Treatment Unit. The court heard that DNA evidence obtained connected Mr Khalife’s saliva to her vagina.  

The victim told gardai: “What Johnny Khalife did to me was absolutely done without any consent. It was disgusting and I am disgusted that I got so drunk that he had the opportunity to perform oral sex on me in my sleep, without any consent from me while my partner was asleep beside me in the bed. It was so brazen. I feel disgusted and violated - I can’t stop thinking about it since it happened.”

Garda Kelleher read out her victim impact statement.

“The crime committed against me by Johnny Khalife has had a devastating impact on every aspect of my life including my emotional and physical wellbeing. The crime was perpetrated against me by a stranger in the privacy of my own home.

“It has taken over seven years for this individual to be brought to justice and it has been a dreadful punishing ordeal for me and all my family members who have ardently supported me. If it had not been for the dedicated efforts of gardai this man may never have been brought to justice. I wish to thank them and the Office of the DPP,” read out Garda Kelleher, on behalf of the victim.

Mr O’Sullivan concluded the State’s case by telling the judge that Mr Khalife is originally from Lebanon, has been living in Ireland since the 1990s and has no previous convictions.

Pat Whyms BL, who represented Mr Khalife, said his client was born in Lebanon in 1964.

“It was a war-torn country at the time. His father had a supermarket in Beirut that was bombed. He was injured in that and was also injured in a shooting incident,” said Mr Whyms.

Mr Khalife moved to Ireland and has been an Irish citizen for 17 years, he said. Mr Whyms said he had operated bars and restaurants in Corbally, Ballyneety Golf Club and in Patrickswell in more recent times.

On the night in question, Mr Whyms said his client was invited by the victim’s partner to join them in the nightclub.

“There was a lot of drink. After the nightclub he invited them back to his own premises Sareva (Corbally). 

“They had more drink there to the point Mr Khalife instructs that he doesn’t have any clear recollection of what happened after that. He obviously accepts the DNA evidence is conclusive. It was an opportunistic offence and he wishes to formally express his apology in writing,” said Mr Whyms, who read out a letter penned by Mr Khalife.

The accused said in the letter that he wants to sincerely apologise for the events in  February of  2018 and “what happened to you”.

“To this day, over seven years later, I have absolutely no memory of the events and the sexual assault but I accept I must have assaulted you. I truly regret all the hurt and pain you went through and can't imagine the stress, upset, pain suffered by you and your family for which I am so very sorry.

“I have daughters and I love them very much. I couldn't imagine how I would feel if something like this happened to them. I regret everything you have gone through and I hope you can forgive me,” wrote Mr Khalife in the letter.

Mr Whyms said his client is “horrified and appalled” and reiterated his apology.

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Judge Munro, in passing sentence, said it was “any person’s worst nightmare to wake up to find, effectively, a stranger performing oral sex”.

He said it was a very significant violation of her body and bodily integrity and “we don’t know how long it was going on before she woke up”.

Judge Munro spoke of the “devastating impact” on a person trying to sleep after a crime like that.

The judge described the victim as “a woman of great dignity” and “by making a complaint she has made the world a safer place by exposing this man’s crime”.

“One of the factors that troubles me is that he has offered no explanation, saying he doesn’t remember. I have to say I am sceptical about that,” said Judge Munro.

The judge took into account that Mr Khalife’s plea of guilty, no previous convictions, hasn’t come to garda attention since the offence date and his essentially pro-social life.

Judge Munro imposed a prison sentence of four years and two months with the final 14 months suspended on condition he engage with a rehabilitative programme for sex offenders in prison, and stay away from the injured party or her parents for 10 years. Mr Khalife was placed on the Sex Offenders Register.

“I hope the termination of these proceedings will assist her in her recovery,” said Judge Munro.

The victim’s father told the Leader outside court that they were very pleased with the sentence.

“Justice was served today. Hopefully we can get on with our lives. The last eight years have been absolutely hell on earth for my poor daughter, my wife, for all of us.

“I want to thank Mr O’Sullivan and Mr Mawe who were absolutely wonderful, Judge Munro who was very sympathetic and courteous to us, and especially Garda Kelleher and Garda Alison Carroll who are our heroes,” said the father.

If you have been affected by this story please contact the 24 Hour Rape Crisis Helpline on 1800 778888 or the Garda Confidential Line on 1800666111.