A 77-year old paedophile who lured his then six-year old niece with the promise of biscuits to his home where he sexually assaulted her has walked free from court.
This follows Judge Gerald Keys imposing a suspended two year jail term on the west Clare man for the sexual abuse of his two nieces due to exceptional circumstances in the case – the man’s age, his serious heart condition and the fact that there were only three offences in essence.
At Ennis Circuit Court, Judge Keys said that he reached his decision “after a lot of consideration and difficulty”.
Judge Keys said: “It is unusual, I accept and I hope that is not interpreted by the complainants as a lack of of appreciation by this court as to the seriousness of the crimes.”
Judges Keys pointed out that the four guilty counts in relation to the abuse of the man’s two nieces were not sample counts, accepting that there was a question mark as to whether the fourth offence was intentional or not.
Judge Keys pointed out to the court that the Court of Criminal Appeal had reduced a six year prison term he imposed on former Moyasta NS school principal, Pat Barry (82) to two and a half years for the systematic abuse of pupils along a long period of time.
The judge said that he was mindful of this reduction in sentence when imposing sentence on the 77 year old. He agreed with counsel for the State, Stephen Coughlan BL said that the only similarity in the two cases was the age of the accused in each case.
In the case, the west Clare man pleaded guilty to the sexual assault of two of his nieces in the 1990s.
He also pleaded guilty to a fourth sex assault count against the younger niece in 2009 when she was aged 23 years old.
The man first sexually assaulted her when she was aged six or seven in 1992 and 1993 and sexually assaulted her sister in 1996/97 when she was aged 14 to 15 years old.
Outlining the aggravating factors in the case, Judge Keys said: “You suggested that both your nieces led you on and that they were promiscuous; you abused both your nieces for your sexual gratification; you used your position as a close family relative to invite your nieces to your house for treats and your lack of appreciation for your wrong doing.”
Judge Keys said that the mitigation factors in the case were the man’s plea of guilt; his expression of regret and remorse; no previous convictions; that he co-operated with Gardai and made admissions and that his risk of re-offending is low.
In sentencing the man, Judge Keys said: “Sexual assault is a very serious offence which has a profound effect on both of your nieces and no doubt has caused great upset to both families.
He said: “The seriousness of these offences can’t be ignored and while they don’t come within the higher level of offending for these type of cases, nonetheless, they are serious offences that have an everlasting effect on nieces and families as a whole.
Judge Keys said also that the man is a major risk of future heart problems after previously suffering a near fatal heart attack.
The judge said that the man’s wife and daughter were in court to support the man.
The judge told the man “you have lost your good name and are on the register for sex offenders”.
In Garda interviews, counsel for the State, Stephen Coughlan BL said that the accused tried to put the blame on his two young female nieces for the sexual abuse that occurred.
Mr Coughlan said: “It was the uncle’s view that it wasn’t his fault. That the children were the ones who were responsible for all of this – that they egged him on.”
He added: “At one stage, the uncle told Gardai 'they were the boldest nieces anyone could have’ and by that, I think he meant that they were someway promiscuous and that they put him in a very difficult position.”
The accused was asked by Gardai at one stage in relation to the first victim ‘you hurt her didn’t you?’ and he replied ‘was she pregnant?’
In relation to the sex assault on the niece aged 14 to 15 at the time, the man told Gardai that he knew that he was doing wrong “but she offered it herself. I thought she wanted to have business with me’
