February 2015

Convicted sex offender jailed for 10 years for molesting a 14-year-old boy

A convicted sex offender has been jailed for 10 years for molesting a 14-year-old boy in a Kerry town over two years ago.

John Prendiville (49) of no fixed abode, pleaded guilty at the Central Criminal Court to sexually assaulting the child, who had been in a residential care at the time, on May 12th, 2012.

The court heard that Prendiville’s 33 previous convictions include five for sexual assault and four for failing to notify gardaí under the Sex Offender’s Act.

He had just been released from Castlerea Prison, having served a six-year jail term for sex assault, when he took the teenager to a B&B and performed sexual acts on him.

The judge suspended the final two years of a 12-year prison sentence on condition that Prendiville stay away from the victim and undergo 18 months of post release supervision.

A local detective Garda told the court that the child had been out past curfew and was reported missing at 11.45pm.

The teenager was found 30 minutes later slumped against a door at the centre. He was drunk and said he had been sexually assaulted. It was reported to the gardaí and Prendiville was arrested the following day.

He told gardaí he had got the bus into the town that day after being released from prison and had gone drinking. He met the teenager outside a pub and later bought him vodka while he drank pints of beer.

Prendiville then brought the teenager back to his B&B. He said during interview: “I am very sorry over this, didn’t know he was 15, very very sorry”.

Prendiville later admitted to gardaí that he knew the victim was underage and referred to him as “a kid” and “a young fella”.

A victim impact report from the teenager stated that he felt very bad about what had happened and it stressed him out to think about it. He said is wary of strangers, is more cautious and finds it hard to trust people.

A report from his social worker stated he was a vulnerable child who has since been moved to a new care centre for his own safety.

The detective agreed with the defence that Prendiville’s last registered address was with the Salvation Army Hostel in Dublin.

He accepted that his convictions for breaching the requirements of the Sex Offender’s Register arose because he was unable to provide a permanent address to gardaí.

In suspending the two years, the judge noted that this was an inherently grave offence but that the evidence was that Prendiville’s guilty plea had been of benefit to the victim.

He said the aggravating factors were the nature of his previous convictions and his persistent violations under the Act.

February 2015

New home at last for schoolgirl victim who had to live OPPOSITE vile sex attacker

A schoolgirl tormented by living opposite the pervert who groped her can finally move home

The girl, now aged 14, and her mum have been found a new council house.

They were forced to live opposite 51-year-old Tarlok Sarai when an order banning him from their street was overturned.

The council had sold the property to Sarai and the Court of Appeal said depriving him of it was unfair.

Last year, Sarai was given an eight-month suspended jail sentence for attacking the girl when she was just 12.

He lured her with the promise of strawberries before cornering her, asking sexual questions and then groping her.

The girl’s devastated mum hit out at the “disgusting” treatment of her daughter by the authorities.

She revealed Crawley Council in West Sussex initially refused to relocate them, saying it could take five years to find them a new home.

They have now agreed to rehouse them.

It has also been revealed that Crawley Borough Council gave the sex attacker a £75,000 discount when he bought the home in Broadfield.

The girl’s mother said: “As if our family hasn’t been through enough. My girl has to face that vile man every day.

“It’s like a never-ending nightmare.

“He’s known my daughter since she was four years old. He was considered a family friend but he lured her in and attacked her.

“Instead of siding with my daughter – the victim – the courts and council have ruled in favour of her attacker – a paedophile.”

Sarai was initially banned from living across from his victim. But High Court judge Sir Richard Henriques, now retired, lifted the order.

Sarai was allowed to buy his council house at a £75,000 discount while the case against him was ongoing.

His victim’s mother continued: “The fact the judge said it would cause him ‘hardship’ is a joke.

“Who cares about causing a paedophile hardship?

“He is the one who committed the crime and she is the one still suffering because we are going to have to move.”

In documents, Judge Henriques said: “We question whether (Sarai) contemplated that one of the consequences of a conviction would be the loss of his long-term, much cherished and highly valued home.

“The loss of it, in our judgment, would be most disproportionate.”

A Crawley Council spokesman said: “The council regrets it has no legal grounds to refuse the right to buy on the property occupied by the man subsequently found guilty of this offence.

“When the condition preventing him living at the property was lifted by the courts the council assisted the victim’s family to move.”

2009

Paedophile jailed for grooming and abusing 13-year-old schoolgirl

A paedophile will spend more than two years behind bars after grooming a 13-year-old girl and then going onto sexual abuse her

Fifty-six-year-old Barry Pomfrett was convicted of four counts of sexual activity with the schoolgirl at Warrington Crown Court

Pomfrett of Mill Lane, Stockton Heath, befriended his young victim in the pub she used to visit after school to say hello to her father

The defendant played in a music group at a bar in Latchford and was ‘well aware’ of the girls age when he met her in the summer of 2007

Despite this, the court heard how Pomfrett had acted inappropriately, giving her hugs and kisses including on one occasion ‘kissing with tongues’

The grooming then escalated with Pomfrett calling the schoolgirl at least three times a day. He also began taking her out in his car to ‘quiet places’

According to the prosecution, Pomfrett made his victim feel scared after touching her breast when the car doors were locked.

Prosecution added that Pomfrett sexually touched the 13-year-old girl at least 10 times, included one act of a very serious nature.

This catalogue of abuse came to a halt after the victim told Pomfrett to stop pursuing her, which he did

The defendant was later arrested in February 2008 after the girl told staff at her school about the sexual contact with an adult

Pomfrett denied all the charges and failed to turn up for the trial. On arresting Pomfrett again, police informed the paedophile they had a recording of a telephone conversation between himself and the victim, something of which he had denied had taken place.

Defence said the offender felt ‘abhorrence’ towards himself.

Judge Thomas Teague said the offender’s absconding, ‘added to the anguish of the victim’

When sentencing, the judge said: “Over some months you built up a friendship with her that was clearly not appropriate as there was a considerable age gap”

“You then exploited that relationship”

Update: Jason Francis will be released during March 2015 and will live in Barnet – He will be on licence with the probation service until June 2016

December 2013

Paedophile jailed after sexually abusing young girl

A paedophile who sexually abused a young girl ‘hundred’s of times’ has been jailed for just 30 months

Builder and decorator Jason Francis (44) from Barnet, but who was living in Islington at the time of the offences, first targeted the young girl in the year 2000.

The sexual abuse began when she was aged just 9-years-old. The abuse was frequent and continued for almost five years.

Blackfriars Crown Court heard that between 2000-2004, Francis committed hundreds of sexual acts on a weekly basis on the young girl.

Francis was found guilty of multiple acts of engaging in sexual activity with a girl under the age of 14.

The judge gave Jason Francis a standard determinate sentence of 30 months, minus any days spent on remand.

A restraining order was put in place to ensure that Francis did not contact the victim or her family

He was ordered to sign the sex offenders register for an indefinite period

October 2014

78-year-old man given suspended sentence for sex assault on two-year-old boy

AN elderly pensioner has avoided a prison sentence after admitting he sexually assaulted a two-year-old boy in a county Limerick child-minding facility.

James Kett (78) of Faha, Patrickswell, pleaded guilty to sexual assaulting the child by interfering with his penis. Kett had access to the childminding facility but the owners were completely unaware of the incident that occurred in October 2011.

During the sentencing hearing at Limerick Circuit Court last week, the victim’s mother said she was getting her son ready for bed when he said “yum yum, my mickey mac”, the term he used to describe his penis, and referred to an older man.

The mother told her husband what happened, he went to the child minder and Gardaí were alerted. Specially trained Garda interviewers questioned the child who was too young to be interviewed on camera.The little boy repeated what he said to his mother and told them his clothes were off at the time as they were wet.

Garda Deirdre Foley said that the child gestured in such a way that he moved his mouth towards his penis when he was describing what had happened with Kett.

The child minder co-operated fully with the investigation and was “shocked and gobsmacked” about what happened.

The former ESB worker, who was widowed when his own child was very young, initially denied the allegations but, in a second interview, admitted what happened. He said he “fiddled” with the boy’s penis for a minute and a half but denied any oral contact.

He said it never happened before and was opportunistic. Asked if he had enjoyed it, he replied: “I won’t say that I didn’t”. However he insisted he didn’t get aroused.

The child-minding facility had since closed and the HSE investigation ceased.

Prosecution counsel John O’Sullivan said the toddler’s parents are happy with their son’s progress and he had shown no ill effects.

Defence Counsel Brian McInerney said his client apologised unreservedly and was “disgusted with himself”.

He added it was an “isolated aberration in an otherwise unblemished life”.

He was recently diagnosed with cancer and had a tracheotomy.

Mr McInerney asked “what benefit to society would be served by imposing a custodial sentence”.

Judge Carroll Moran said that Mr Kett was in a position of trust which he had betrayed and the child was not in a position to resist.

Removing media reporting restrictions, he said it was in the public interest to know that the offence had occurred in a child minders but ordered that further details of the location or owner not be reported.

He imposed a two year prison term, suspending it for four years and ordered that James Kett’s name be added to the Sex Offenders Register for five years.

April 2014

Man given four-year sentence for sexual assaults

A convicted child abuser has been given a four-year jail sentence for sexually assaulting two teenage girls on the Luas while en route to a Rihanna concert.

John Daly from Cabra Park, Phibsboro in Dublin had pleaded guilty to two charges of sexually assaulting the girls aged 13 and 16 in October 2011.

Two years of the four-year sentence were suspended.

The 53-year-old had previously pleaded guilty to attempted rape and indecent assault charges relating to two young girls in the 1980s and to aggravated sexual assault and sexual assault on a 62-year-old woman on dates from 1997 to 1998.

Today, Daly was sentenced for assaulting the two Limerick girls who had been driven to Dublin by one of their fathers for the concert.

He put them on the Luas at Heuston Station because of heavy traffic.

The two girls got separated on the busy tram.

John Daly approached the 16-year-old and molested her by putting his hand between her legs over her clothing.

The teenager later told gardaí she felt she had no way out because she was squashed against a bar and did not know how to deal with the situation.

The court heard today that she was shocked and frozen and because of the shock she was unable to do anything.

Daly then placed his hand on the 13-year-old’s backside area for some time after she bumped into him and apologised for standing on his toe.

She said she moved out of his way at her first opportunity to do so.

Both girls gave a good description of Daly to the girl’s father when they met him on the platform when they got off the Luas.

Daly became a suspect after gardaí viewed CCTV footage.

He was arrested three months later as he was about to board a Luas at the 02 following a One Direction concert.

During a garda interview he admitted he had got on the Luas heading for the Rihanna concert in order to touch young girls.

He said he wanted to apologise to the girls for what had happened.

Sentencing Daly, Judge Mary Ellen Ring said in a victim impact statement one of the girls said she felt uncomfortable meeting strangers on public transport and is more afraid generally.

Judge Ring said to be sexually assaulted in a public place when they were unfamiliar with the area can be a damaging event.

She said this was not an opportunistic spur of the moment assault but there was an element of some planning which is a matter of concern for the court.

She sentenced Daly to four years in prison but suspended the last two years.

She said it would be in everyone’s benefit that he receive treatment and ordered that he attend the Safer Lives Programme.

In February 2000, Daly was sentenced to three years in prison with one year suspended for attempted rape and aggravated sexual assault charges.

The DPP successfully appealed the leniency of the sentence and it was increased to a six-year term.

July 2013

“Recluse” convicted of sexually abusing two brothers in Ballyshannon in 1960’s and 70’s

A “recluse” convicted of sexually abusing a young boy in County Donegal in the 1960s and 70s has been jailed for two years.

Brian McMahon (63), of Temple Street, Sligo, had pleaded not guilty at the Central Criminal Court to 35 charges of indecent assault of the boy between 1966 and June 1974 at two locations in Ballyshannon.

He was convicted by a jury of 31 of the charges earlier this year.

McMahon was six years older than the victim who was aged 10 when the offences started.

McMahon was also convicted to one charge of indecently assaulting the boy’s younger brother, between September 1973 and September 1974, also in Ballyshannon. The victim was aged 13 at the time.

Both men have given permission to reporters to name McMahon.

Garda Gerard Mullane told Caroline Biggs SC, prosecuting, that the victims were also subjected to physical abuse by McMahon, particularly the older brother, who, he said “got the brunt of the physical assaults”.

Gda Mullane said McMahon would make the boys masturbate. Some of the abuse took place in a cow shed or in fields.

He added that McMahon, who grew up in foster homes, lives in rented accommodation in Sligo. He said he lives alone, keeps cats and is “more or less a recluse”.

Defence Counsel Brendan Grehan SC pointed out that there were no charges in relation to violence inflicted on the brothers.

Mr Grehan said that his client was fostered out for years and was effectively a “recluse” or “loner”.

He asked Mr Justice Paul Carney to take into consideration McMahon’s age and personal circumstances.

In his victim impact statement, the older brother told the court he did not have any recollection of happy childhood moments, due to the physical and sexual abuse during what he described as “the most vulnerable” part of his life.

He said at the time he “didn’t have the vocabulary” to describe what was inflicted on him. In an effort to cope throughout his life, he immersed himself in his work and worked hours “far in excess” of the working week.

“I have no self-confidence,” he said, adding that he has difficulty trusting and confiding in others.

He has endured nightmares since the trial. “I have lost my childhood forever,” he said.

His younger brother, in his victim impact statement, said he has endured an “emotional, painful path” due to the “violence, intimidation, terror and completely irrational behaviour” of McMahon.

He said the incident meant the creation of an environment of “secrecy” and he built up a “shell of protection” in an effort to cope.

Mr Justice Carney imposed a sentence of two years on each charge, to run concurrently.

November 2014

Uncle who abused his niece (9) on Christmas Day is jailed for 2 years

AN UNCLE who abused two of his nieces from the age of nine including sexual assaults on Christmas morning and at a gala Cork GAA function has been jailed for two-and-a-half years.

Christopher McCarthy (50) was jailed as the court heard he was at a high risk of re-offending.

The court was also told that he could not be assessed for paedophilia tendencies because of his ongoing denial and refusal to engage with support services.

Christopher McCarthy’s older brother is Gerald McCarthy, a member of Cork’s three-in-a-row All Ireland side of the 1970s.

Christopher McCarthy (50) of Glendalough Park, The Lough, Cork was convicted last July of two counts of sexually assaulting his niece in 1984 and 1989.

He was jailed by Judge David Riordan in Cork Circuit Criminal Court yesterday.

He had earlier pleaded guilty to one count of sexually assaulting another niece

The abuse happened at his home in Elm Close in Wilton on an unknown date between 1988 and 1990.

Judge Riordan jailed McCarthy for five years for what he described as “a very serious breach of trust”.

But he agreed to suspend the final two and half years of the term on condition McCarthy underwent appropriate treatment in custody, and complied with a Probation Service supervision on his release.

“It will be a ‘Sword of Damocles’ for him, if you will, in relation to the suspended sentence,” he said.

Judge Riordan also directed that McCarthy be included on the Sex Offenders Register for an indefinite period.

McCarthy’s wife, Margaret, had previously told the court that her husband needed psychiatric help and was very depressed.

His two nieces, in harrowing victim impact statements, said their lives had been wrecked by McCarthy’s actions.

One victim was abused by Christopher McCarthy when she was 15 at a special ‘This is Your Life’ tribute at Pairc Ui Chaoimh to another of her uncles, Cork hurling legend, Gerald McCarthy.

She had also been abused by Christopher in 1984 when she was just nine, and was at his parents’ home in Ballyphehane on Christmas Day.

“Because of you, I have always been treated like a family outcast,” Ms Walsh said.

“I have always been made to feel who I am doesn’t matter and just keep that family secret.”

Ms O’Brien (35) was just nine when abused.

“When Christopher McCarthy abused me, my childhood was stolen from me. He took my innocence away, I felt confused and scared,” she said. The court heard that McCarthy was even a godfather to one niece.

He had given one some money after the abuse in a bid to persuade her to stay silent.

Judge Riordan noted that the lives of both victims were significantly impacted by the abuse and its aftermath.

He noted reports which said McCarthy had a “callous and remote attitude” to what he had done.

Judge Riordan also pointed out that expert reports said McCarthy posed a high risk of re-offending and should have absolutely no unsupervised access to children.

September 2013

Pervert spared jail for possessing child abuse images

A MAN, who had more than 50 images of child abuse on his computer at his Dublin 4 home, has been spared a jail sentence

Ronan Phelan, aged 44, from Sandymount Court, Beach Road, has pleaded guilty at Dublin District Court to a charge of knowingly having child pornography in his possession at his home address, between June 1, 2006 and June 24, 2009.

The court heard that he had images of boys and girls aged as young as nine years.

He had admitted the offence at an earlier stage and the case had been adjourned until earlier today after the court had asked for probation reports on him to be prepared.

Garda Sergeant Barry Walsh told Judge Cormac Dunne that a warrant was obtained to carry out a search of the man’s home and his computer.

Phelan had 52 images of boys and girls aged between nine and 13 years on his computer. The children in the pictures were depicted in various methods of sexual stimulation and Gda-Sgt Walsh said the defendant would not have paid for these images.

He later made a voluntary cautioned statement to gardai admitting the offence and the court heard the Phelan had fully co-operated with detectives throughout the investigation.

His solicitor Michael Hanahoe said that when a individual looks at this type of material other similar images are often sent on to the person’s computer.

He said Mr Phelan admitted the offence to his employer and had tendered his resignation.

Mr Hanahoe asked the court to note that Phelan had co-operated fully with the Probation Service, and had been honest with them and has shown insight into his behaviour.

The judge also heard that the Probation Service believed Mr Phelan was at low risk of re-offending and it was not necessary for him to complete the Safer Lives (Sex Offender) Treatment Programme.

Judge Dunne said the court was very aware of the seriousness of the offence. He went on to say that adults have a duty, and a privilege, of care to protect children, who are among the most vulnerable in our society.

The judge, who had been furnished with the pre-sentence probation reports, said Phelan’s behaviour was somewhat explained by events that occurred in his life. He also said Phelan had been “100pc co-operative” with gardai and the Probation Service, and his remorse had been genuine.

Phelan had also admitted the offence immediately and instantaneously co-operated with the Probation Service, the court heard.

The judge sentenced him to 24 months’ probation and he was was also placed on the Sex Offenders Register for five years.

Jurisdiction to deal with the prosecution at district court level had been accepted at an earlier stage stage in the proceedings when it was held that the case should not be sent forward to the Circuit Court, which has tougher sentencing powers.

The charge against Phelan was under Section 6.1 of the Child Trafficking and Pornography Act 1998.

At district court level, it result in a fine and/or imprisonment for a term not exceeding 12 months whereas a Circuit Court conviction for the same offence can result in a bigger fine and a sentence of up to five years.

April 2013

Jailed for sex assault on two-year-old girl

19-YEAR-OLD Scottish man who was jailed on Monday for sexually assaulting a two year old toddler in Kerry could be released from jail in a matter of months.

Garry Clyde (19), of no fixed abode, appeared for sentencing at Tralee Circuit Court on Monday having earlier pleaded guilty to two counts of sexual assault against a female aged under 15 in a laneway and in the bedroom of a house in the mid Kerry area between December 9 2011 and January 9 2012.

Clyde has been in custody since January 2012, which means that with standard time-off for good behaviour he could be released by the end of this year.

Judge Carroll Moran imposed two concurrent five-year sentences on Clyde. Suspending the second half of the sentence, which was backdated to January 2012 when Mr Clyde was first taken into custody following his arrest on suspicion of sexual assaulting the child.

If he receives standard time-off his sentence for good behaviour he could be released by the end of this year.

At an earlier sentencing hearing the court heard that Garry Clyde had met the family of his victim while they were on vacation in the UK. The family agreed to allow Mr Clyde return to Ireland with them and in late 2011 he moved into the family home where he remained as a resident for a short time.

In January 2012, while her mother was bathing her, the victim made a compliant about Garry Clyde touching her private parts.

The family immediately brought the child, who was aged two years and 11 months at the time, for medical examination and removed Garry Clyde from the house.

The medical examination uncovered evidence of injuries to the child’s private parts which were consistent with a sexual assault.

Gardaí subsequently arrested Garry Clyde who initially denied any wrongdoing though later, during the course of an interview with gardaí, he admitted sexually assaulting the child on two occasions, once while taking her for a walk and once in a bedroom of the family’s house.

Judge Moran said MR Clyde’s admissions had been critical to the prosecution and he had to take this into account.

However, he noted the attack on a young child, who was still a baby at the time, was “abhorrent”. He ordered him not to have any contact, either directly or indirectly, with the victim or her family.

Following Monday’s sentence hearing the mother of the victim said her family got no justice adding that the memory of what happened to her daughter would haunt her until she dies.

“He got away lightly,” she said outside the court. “He should have got at least four years. Next year he’ll be free again.”

The woman said the child, now four, still suffered from nightmares and refers to Clyde and what he did to her.

“I don’t think we will ever get over this and we didn’t get justice. The judge said he’d be put on the sex offenders’ register indefinitely but who’s to say he won’t do it again to another innocent child.”

November 2012

Daughter (14) ‘lost her teenage years’ to Facebook predator

THE MOTHER of a 14-year-old girl who was sexually assaulted and later ‘groomed’ on Facebook by her attacker has said her daughter has lost out on her teenage years.

The woman, who cannot be named as it would identify her daughter, urged other parents to monitor their children’s use of the social networking site, saying “sex beasts” are going online and targeting kids.

Father-of-three and barman Owen O’Donoghue (39) from Fairgreen, Garryowen in Limerick, pleaded guilty to sexually assaulting the 14-year-old girl and was sentenced to 10 months in prison with the final six months suspended.

He was also placed on the sex offenders register for five years.

Judge Eugene O’Kelly, presiding over the case at Limerick District Court, could only impose a maximum sentence of up to 12 months. O’Donoghue is appealing the sentence and is free on bail as he awaits a hearing.

Gardai believe O’Donoghue was grooming his victim when he sent her sexually explicit Facebook messages.

The victim’s mother and children’s charities have hit out at the sentence saying it does not match the crime.

The girl – who suffers nightmares and flashbacks – was a friend of one of Mr O’Donoghue’s children at the time he kissed and fondled her in his home in June last year.

Matters only came to light when the girl’s older sister came across the sexually graphic messages sent by O’Donoghue to the teenager’s Facebook page.

The girl’s mother said: “I think he should have got a longer sentence . . . I don’t feel we got justice.”

“I don’t think he should be allowed to appeal it. I know it’s his right, but I think it’s wrong. I think all sexual assault cases should be heard in the Circuit Court so that they are open to a higher sentence, because these cases are wrecking kids lives.”

She said her daughter had lost her “teenage life” and finds it difficult to trust people.

O’Donoghue’s use of what was described as “classic grooming tactics” by sending sexually suggestive messages to the victim on Facebook and on her mobile phone.

In a statement to gardai, the girl said these messages included Valentine’s Day greetings to her and a number of her friends, while another message sent to the victim read that she “would have to be spanked”.

Subsequent to the assault, on August 13, 2011, the victim had received a Facebook message from O’Donoghue suggesting they should “get bould together”. Another message had read “I need a bit of excitement”.

The girl had also described to gardai how O’Donoghue would touch other girls in the circle of friends “on the bum”, “would give us hugs and call us names like ‘Baby Bops’”. When she later realised what his behaviour had meant, she began to avoid Owen O’Donoghue, describing how on one occasion she had hid in a bunch of nettles when she saw him approach.

“I reference these text messages and Facebook messages,” Mr Murray told Judge Moran “to show that the physical actions of the appellant were not playful but were sinister.”

The Irish Society of Prevention of Cruelty to Children (ISPCC), also expressed concern over O’Donoghue’s sentence and urged parents to to be vigilant over online safety.

Facebook has insisted that it is “one of the safest places for people to spend time on the web”.

Zero tolerance

“We have a zero-tolerance policy for child exploitative activity on the site and when such illegal behaviour is detected Facebook works with law enforcement agencies to ensure that these people are brought to justice,” said a spokeswoman.

Facebook said it has a number of measures designed to protect users who are aged from 13 to 17-years-old including preventing adults from ‘friending’ young users unless they have an existing social connection. In the Limerick case, O’Donoghue was able to ‘friend’ the 14-year-old girl as she was a friend of one of his children.

September 2011

Man pays compensation after sexually assaulting teenager

A MAN who pleaded guilty to sexually assaulting a teenager has paid €3,500 in compensation to his victim and had his case adjourned at Balbriggan District Court last week for a Probation Report.

Robert Johnston of Lower Main Street in Rush committed the sexual assault on his victim on August 9, 2009 in Skerries.

If a favourable probation report is handed into court on November 17 th, Judge Patrick Brady said he would consider imposing community service in lieu of a ten-month prison service.

Judge Brady noted that the offences against the victim, who is a minor and cannot be named for legal reasons, is at the serious end of the scale in the District Court. ‘This offence between an adult and a child is a breach of trust as the victim is a minor and the defendant is 28 years of age,’ noted Judge Brady.

He placed Johnston, who has no previous convictions, on the Sex Offenders’ Register for five years and remanded him on continuing bail until November 17 for a Probation Report.

Judge Brady said he would probably sentence Johnston to 200 hours community service in lieu of a ten month prison sentence

February 2011

Rape victim: he ‘took away my childhood’

A KILLARNEY grandfather has received a seven year sentence with the final five suspended for repeatedly raping a schoolgirl during summer holidays in 1991.

Patrick Hegarty (67) a former pest control company employee of Ross Road, Killarney, was convicted by a Central Criminal Court jury of nine rape counts and eight sex assault charges during a seven-day trial last month.

The jury acquitted Hegarty on a further six rape counts. He has no previous convictions.

Hegarty had pleaded not guilty to 15 counts of rape and eight counts of sexual assault of the then 15-year-old girl on dates between May and September, 1991.

The now 35-year-old victim described he “plied” her with alcohol, took away “my virginity, my dignity, my self-respect and childhood.”

She said she felt like something inside her died the day he first raped her, that the effects of the abuse led to an early breakdown of her first marriage and influenced her entering into destructive and violent relationships.

She said that at first she tried to find comfort in psalm 57 which reads: “And in the shadow of Your wings I shall find refuge” but ultimately felt abandoned by the “God of my childhood”, discarded her strict Catholic faith and turned to alcohol.

She said he violated her body and destroyed her life.

She revealed that she felt bitterness and resentment toward her own family, whom she felt had failed her, until she made her first formal complaint to gardai in 2006. Only then, she said, did she realise how much they supported her.

The woman said she suffered nightmares, depression and constant sadness, but decided to take the case to court because she felt her children deserved a mother and not an emotional wreck.

She thanked the gardaí in the investigation for their expertise and professionalism, the judge, jury and people of Ireland for letting her fight the case.

She concluded that she now feels she can start to move forward with her life.

Mr Justice Garrett Sheehan paid tribute to the victim’s statement which she read in court, saying it was “poignant, short, to-the-point and concludes on a courageous and hopeful note for her future,” and added that one could not help but be moved listening to her words.

In sentencing Mr Hegarty Mr Justice Sheehan said he took into account the serious nature of his crimes, balanced against his age and the character witnesses’ testimonials as part of the plea of mitigation.

The judge noted that an unusual feature of the case was that Hegarty wrote a letter of apology to the girl some time around 1994 when her father confronted him about the rapes.

Mr Justice Sheehan said that although the letter was written in general terms, he accepted that it was an apology for the sex abuse as put forward by the prosecution during the trial.

He said he had been put in a difficult situation because he had to take into account that prison life, as outlined in Judge Michael Reilly’s report, would be difficult for Hegarty and his family.

He directed that Hegarty be put on the sex offender’s register but said he didn’t think any post-release supervision was necessary in this case because the fatherof-four is unlikely to reoffend.

Earlier in the hearing, Detective Garda Sandra Kelly told Ms Marjorie Farrelly SC, prosecuting, that Hegarty had given the then 14-year-old girl alcohol and jewellery while she was over holidaying with her family the year before the rapes.

Det Gda Kelly revealed that the victim returned alone the following summer for a holiday and for work experience at her uncle’s B&B.

The night of the first rape Hegarty asked her to come with him in his van to collect one of his daughters from work at a local pub. He gave her a drink from a flask on the way to the premises, which the victim later told gardai, make her feel “weak all over”.

Det Gda Kelly said Hegarty then parked the vehicle, put the passenger seat back and told his victim he had “stuff to teach her” before raping her.

The court heard that he told his victim that nobody would believe her if she mentioned the rape to anyone and that he would say she had come on to him, when he asked her the next day if she recalled the incident.

December 2010

Man who lured boy (15) for sex act avoids prison

A 46-year-old man who met a 15-year-old boy through the Bebo networking website, before performing a lewd sex act on him in a car, walked free from court yesterday with a suspended jail term.

Ian Mills (48), of Kildimo, Co Limerick, pleaded guilty at Limerick Circuit Court to a charge of “inviting a child to engage in a sexual and indecent or obscene act”.

Judge Carol Moran said Mills’s name could be published and placed the Bebo predator on the sex offenders’ register for five years.

Mills had created a fictitious identity on the Bebo site after coming across the web page of his 15-year-old victim online. The boy had advertised that he was 15 and looking to speak to other like-minded males, specifically under the age of 18.

When Mills saw the boy’s request, he created a Bebo page under a fictitious name with the initials of ‘DOB’ and told his victim that he was aged 16.

Eventually Mills, who was by this stage using his own name and age, exchanged mobile phone numbers with the boy, and both agreed to meet up after Mills said he had pictures of DOB, which he would show the 15-year old.

On September 20, 2008, Mills met his victim in an isolated spot in Co Limerick.

Mills then began to stroke the boy’s leg, before he unbuckled the boy’s trousers and performed oral sex on the boy.

Suddenly the boy’s father, who had been out looking for his son, came upon the scene and ended his son’s ordeal at the hands of Mills.

The 46-year-old admitted everything to gardai and handed over his computer and mobile phone to detectives.

“I regret everything I’ve done. My life is ruined. It was a stupid impulse fantasy reaction. It had played on my mind and I just went with it,” Mills told gardai.

A victim impact statement read to the court told how the boy had attended a psychotherapist and had become “very cautious”, and that he “found it hard to trust people”.

Judge Carol Moran said Mills had preyed on a young man. “This was a very explicit sex act. There’s no understating the gravity of this,” she said.

However, Judge Moran said mitigating factors saved Mills from a custodial sentence including: Mills’s early guilty plea; a HSE report describing Mills as being a minimal risk of re-offending; no previous history of sexual offences; and no previous convictions.

She also said having his name published in the media and being put on the sex offenders register, would “affect him, possibly for the rest of his life”.

Judge Moran imposed a three-year suspended jail term and ordered Mills be of good behaviour for three years. He was also ordered to pay a bond to the court of €200.

May 2010

Child rapist’s return to estate shocks residents

NEIGHBOURS of a convicted child rapist have expressed concern about his shock return home to a Lusk estate after serving just half of a 10 year prison sentence.

Derek Sweeney from Orlynn Park in Lusk went to jail in 2005 for the rape and sexual assault of a young girl and the sexual assault of her sister. The pair were aged just nine and 10 when the offences took place.

Sweeney received a 10year sentence for his crimes and had the last three years of the sentence suspended.

But just five years after his conviction, Sweeney is a free man again and his neighbours have been shocked to find the convicted rapist returning to Orlynn Park to live.

It is understood that Sweeney has been placed on the sex offenders register since his release and will have to sign in with local gardaí and inform them of any change of address.

A resident of the estate said that since his return, Sweeney had been ‘hiding’ behind drawn blinds at his home.

The concerned neighbour said Sweeney’s crimes were ‘sickening’ and that a number of residents had expressed shock at his early release and return to Lusk.

After a seven-day jury trial, Sweeney was convicted on three rape charges and 21 counts of sexual assault in 2005 after his trial heard the sordid details of his systematic abuse of the young girls which involved fondling their genitalia and taking nude pictures of them.

His young victims told the trial that they were forced to watch Sweeney having sex in his back garden and in a wooded area in the Phoenix Park.

Following his conviction, Sweeney dragged his young victims and their family through a three-year legal wrangle as he tried to defend a civil case against him but it was eventually settled.

February 2015

Convicted paedophile caught with more indecent images of children

A man who downloaded more than 1,500 images of child abuse images on the internet was caught when the police routinely inspected his computer, a court heard.

Peter John Furse, who was jailed for similar offences in 2012, was on a sexual offences prevention order which allows the authorities to monitor his internet use.

When his computer was checked, in December 2013, following his release, he was found to have continued with his “addiction.”

Neil Bannister, prosecuting, said Furse immediately confessed to his wrongdoing

Furse, of Rockingham Close, Rowlatts Hill, Leicester, admitted five counts of possessing indecent images of children between December 10 and 13, 2013.

They related to one image in the most serious range, category A, and 1,570 indecent pictures in the least serious bracket, category C.

He also accessed 373 prohibited computer-generated pseudo indecent images.

Furse, 53, was placed on a three year community order, with a requirement to attend an intensive sex offender programme and an internet sex offender programme, with 100 hours of unpaid work.

Sentencing him at Leicester Crown Court, Judge Nicholas Dean QC said: “In 2012 you were sentenced to 16 months imprisonment for possessing indecent images of children and you’re now before this court for broadly similar, but somewhat less serious, offending.

“As part of your routine monitoring of your computer the police found you were in possession of indecent images and pseudo images.

“It may have been preferable for you to have been charged at that stage, but the police wanted to carry out a full-scale analysis of your computer.

“You accept you require help for what amounts to an addiction for this sort of material.

“It’s going to be more profitable, in the long term, for society if you wean yourself off your addiction to this material.

“A significant feature in this case is that for the last year or more you haven’t offended again and there are realistic prospects the sex offenders’ programmes will have a significant chance of success in keeping you away from offending in the future.

“Some may regard what I’ve done to you to be a lenient course but it’s a course which is intended to ensure you don’t reoffend and that’s very important.

“There’s no evidence you pose a risk of carrying out any contact offences.”

Helen Johnson, mitigating, said: “He pleaded guilty at the earliest opportunity and the delay in bringing him to court has caused huge anxiety and distress.”

Furse was told he will have to enlist on a sex offender register for five years and future internet use will continue to be monitored.

The judge ordered the forfeiture of the computer seized by the police.

February 2015

Pervert admits possessing indecent images of children

POLICE found nearly 1,700 images of child abuse images after searching a man’s computer equipment, Grimsby Crown Court heard.

Andrew Webster, 27, of Wellowgate, Grimsby, admitted 18 offences of possessing indecent photographs of children on May 22, 2013.

Some of the images involved very young children and vulnerable youngsters, the court heard.

Robert Underwood, mitigating, said Webster had learned his lesson and had no previous convictions. He was supported by friends and family.

Webster was given a nine-month suspended prison sentence and a two-year supervision order, including a sex offenders treatment programme.

He was given a five-year sexual offences prevention order and must register as a sex offender for ten years.

February 2015

Seven years for serial sex abuse

A former housemaster, arrested on Mull over the serial sex abuse of boys in his care, was jailed for seven years at Guildford Crown Court yesterday and ordered to be put on the sex offenders’ register.

February 2015

Man jailed for taking ‘up skirt’ photos of 14 and 12-year-old girls in Enfield

A man has been jailed after taking indecent photos of two girls.

Andrew Moore, 50, tried taking a photo of a 14-year-old up her skirt in Enfield on June 19, 2013.

A day later Moore also found to be filming a 12-year-old girl at a bus stop in Enfield.

He was arrested at his home address in Southend on November 30, 2013, following an investigation.

He was found guilty at Wood Green Crown Court on February 24, where he was sentenced to 18 months imprisonment for six counts of possessing indecent photographs/ pseudo-photographs of a child.

When his phone was sized a number of images were recovered; six of which were determined to be of young girls.

 Training Detective Gemma Blore, from Enfield Police said: “I am very pleased with the outcome of this investigation and that the sentence reflects the gravity of Moore’s actions.” 

March 2015

Man spared jail after having sex with vulnerable girl of 14

A YOUNG man who had sex in a local park with a vulnerable 14-year-old girl he met on Facebook has been spared a jail term.

George Gatt, 19, took part in the ‘brutal coupling’ in a thicket at The Venney, in Gorse Hill, after meeting up with the youngster and her friend.

Without any sort of romantic advances Gatt had sex with the girl before walking away and not answering her calls.

Now a judge has spared him jail after hearing he had admitted what he had done and would now have the stigma of being a child sex offender.

Colin Meeke, prosecuting, told Swindon Crown Court how Gatt was introduced to the girl through Facebook and was aware she was underage.

Although he may not at first have realised she was 14 she told him in messages, which became sexualised, and they arranged to meet last June, he said.

“She was with a friend of the same age but, notwithstanding that, they went in to a thicket and, in full sight it would seem of her friend, he pulled down her trousers and had intercourse with her,” said Mr Meeke.

“There was some reluctance on her part. Not sufficient reluctance to say it was wholly without consent.

“It was fairly perfunctory and barely a loving act between boyfriend and girlfriend: it was simply an act of intercourse.

“There was no attempt by the defendant of any romantic foreplay, no attempt at any romance, it was an act of brutal coupling. He didn’t after make any attempt to see her again.”

Gatt, formerly of Swindon now living in Croydon, pleaded guilty to sexual activity with a child.

Richard Williams, defending, said his client was only 18 at the time of the offence and was very sorry for what he has done.

He said he has now moved away from the area to live with his father and is in full time work trying to forge a career for himself.

As a result of what he has done he said he will have to register as a sex offender and face ‘the stigma of this type of offence that will hang over him for the rest of his life’.

Passing sentence Recorder Maria Lamb said: “You stand before the court to be sentenced for sexual activity with a girl under 16. She was 14 years of age and she is a vulnerable child: you had no regard for that.

“She was a child that needed protection and in the eyes of the law you were an adult, although I accept a young adult, and you were expected to know better.

“You were selfish in the way that you acted towards her. Quite clearly it was all about sexual gratification.

“You have a young sister yourself, a good deal younger, but you wouldn’t want anyone to treat her the way you did the victim.

“One day if you have children yourself you will the sort of anxieties parents fell about young men like you who behave the way you did. Who take advantage of them.

“You walk away but you leave behind the damage that had been inflicted for mothers and fathers and social workers.

“It would be perfectly understandable if those who love her thought the only sentence here could be one of immediate custody.”

But she said because of the impact of the conviction on his life and that he had pleaded guilty, saving her the ordeal of a trial, she could suspend the sentence.

She imposed an 18-month jail term suspended for two years with supervision, a sexual offenders’ programme and banned her from contacting the girl for two years.

He must also register as a sex offender for ten years and he is likely to be banned from working with children.