Ian Haywood – Wellingborough
Jeffrey Mitchell – Rugby
March 2009
Convicted sex offender cleared of sending girl kinky pics of himself
A RUGBY man who was cleared of sending an 11-year-old girl a link to kinky pictures of him in women’s underwear claimed he was being ‘set up’ by the girl’s mother and uncle.
Jeffrey Mitchell, who had ‘several previous sex convictions’ alleged they had done so because they were having an affair and he had threatened to tell her husband.
And a jury at Warwick Crown Court found Mr. Mitchell, 40, of Nelson Way, Rugby, not guilty to two charges of causing a child to watch a sexual act, which he had denied.
The court heard that Mr. Mitchell had previous convictions for indecent exposure and was jailed in 1990 for indecently assaulting a child.
Prosecutor Stephen Thomas said that towards the end of 2006, the 11-year-old girl, who lives in Rugby, received an e-mail from Mitchell’s e-mail address which contained various images of him.
She deleted them, but remembered that they included pictures of him wearing a baby doll nightie, women’s underwear and half-naked, and told her mother.
Mitchell later contacted the girl by e-mail again and apologised, saying they had been sent by accident, so the girl’s mother decided to let matters lie.
But in April 2007, it was alleged that Mr. Mitchell sent the girl five separate links to a site containing pictures of him posing naked and semi-naked and indulging in sexual activity.
Meanwhile, Mr. Thomas alleged that Mitchell contacted the girl’s mother and apologised for what had happened and tried to persuade her not to go to the police – but she did, and he ‘chose to say nothing’ when he was arrested and interviewed.
Philippa Page, defending, put to the girl: “What I am going to suggest is that you have been asked by your mum and (uncle) to support what they say about Jeffrey Mitchell sending these e-mails.” The girl replied: “No.”
Miss Page continued: “Jeffrey Mitchell never sent these e-mails to you in April 2007 or before Christmas.”
But the girl answered: “He did send the e-mails.”
The barrister put to both the girl’s mother and to her uncle that they were having an affair – which they both vehemently denied.
And they also strongly denied her suggestion that, knowing of the site with the pictures of Mitchell, and using the uncle’s computer knowledge, they had decided to ‘set him up’ because Mr. Mitchell had
threatened to expose their alleged relationship.
He said he had put pictures of himself on a site where they could be shared by consenting adults, but denied sending links to the girl and, of an alleged ‘chat log’ between them, claiming: “I think it’s fabricated.”
Patrick Garvey – Stamullen
November 2015
Woman awarded €150,000 damages over sexual abuse by brother
A woman who sued alleging she was raped and sexually abused by one of her brothers over years in their family home when she was a child has been awarded €150,000 damages in the High Court.
Antoinette (46), of Lusk, Co Dublin, sued her brother Patrick Garvey (52), Silverglen Gormanstown Road, Stamullen, Co Meath, over the assaults on her on dates from 1976 to 1980. He denied the claims.
In her action, Ms McLoughlin claimed the abuse began when she was eight, and her brother was 12 or 13, and it continued for four years.
She told her father, Peter Garvey, about the abuse at the time but he did not believe her and slapped her across the face, she told the jury. This made her feel like an “outcast” in her family, the court heard.
Mr Garvey denied all the claims and was supported throughout the eight-day case by his wife, four sisters and his brother.
A consultant psychiatrist told the court he had diagnosed Ms McLoughlin as suffering from post-traumatic stress disorder as a result of sexual abuse.
The civil action was at hearing for some eight days and the jury of five men and seven women returned with their verdict after over three hours deliberation
In reply to a question whether Mr Garvey carried out assault and battery on his sister on any of the occasions allegedly by her, the jury replied: Yes.
It also replied yes to the question: did he falsely imprison her on any of the occasions alleged.
It assessed general damages to date and into the future at €125,000 and aggravated damages at €25,000. It did not award exemplary damages.
In her action, Ms McLoughlin claimed the abuse began when she was aged eight, and her brother was aged about 12 or 13, and it continued for about four years.
She claimed it happened in the girls’ bedroom of the family home in Balbriggan, a home she shared with her parents, five sisters and two brothers.
She told her father Peter Garvey about the abuse at the time it was happening but hedid not believe her and slapped her across the face, she told the jury.
This made her feel like an “outcast” in her family, her counsel Sasha Gayer SC said.
Mr Garvey denied all the claims and was supported throughout the eight day case byhis wife, four sisters and his brother. His sisters, Mary, Assumpta, Linda and Margaret, all gave evidence for him.
Another sister, Susan, who died in 2007, had accompanied Antoinette to a garda station when she made a formal complaint of abuse against her brother in March 2006, the jury heard.
John Gordon SC, also for MsMcLoughlin, said this indicated Susan was sympathetic to Antoinette.
A consultant psychiatrist told the court he had diagnosed Ms McLoughlin as suffering from Post Traumatic Stress Disorder as a result of sexual abuse.
The jury was told Ms McLoughlin has had a “hard life” to date, suffering psychiatric difficulties including taking an overdose on one occasion. Two other children suffered illnesses and she had also experienced difficulties in her marriage.
Her life had improved in recent years and she had retrained and returned to work, the court also heard.
Ms McLoughlin alleged the assaults began when she was aged eight and after she made her First Communion. She claimed her brother was in a position of control over her at the time, forced her to commit oral sex on him and watch him masturbating.
It was also claimed he raped her and emotionally taunted and tormented her about sexual and quasi sexual matters.
An incident during a party at the family home in October 2004, when she met her father on the
landing, triggered a flashback and it was only then she felt able to tell her family of the abuse, she said.
She was dissatisfied with what was described as a “poor apology” from her brother the day after the party.
In March 2006, after she received a letter from his solicitors asking her to provide an undertaking not to make allegations of abuse against him, she made a formal complaint to gardai and also went to solicitors.
Following the verdict Mr Justice Colm MacEochaidh thanked the jury and discharged them from jury duty for seven years. Counsel for the defendant asked the matter be put in to next Monday to allow him address the judge on his order awarding costs to Ms McLoughlin.
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Tony Giles – Blackpool
June 2016
Child attacker sent to prison for 16 months
A man who attacked a toddler has been jailed for 16 months.
Preston Crown Court heard the youngster had bruising to her face and below her eye, a cut to her hand, extensive bruising to her back, and the child’s manner was “quiet and sad”.
Tony Giles, 31, of Lytham Road, Blackpool, pleaded guilty to causing actual bodily harm to the little girl on the basis cuts to the child’s arm were accidental rather than deliberate, but accepted all the other injuries had been caused by him.
He also admitted ill treatment of a child.
Judge Pamela Badley said: “You clearly put you own emotional issues ahead of the need for a young child to be properly looked after and properly supervised. So although you say you didn’t set about all of this deliberately, that really isn’t very much comfort. The injuries, particularly on her face, were nasty. The poor child was utterly wretched once she was rescued from your home.”
The child cannot be identified for legal reasons.
Hanifa Patel, prosecuting, said the child’s mother had agreed for the tot to stay with Giles in Blackpool for a few days on April 5.
She said: “The defendant took the child from her mother’s address. He promised he wouldn’t drink when he was caring for her and she states she spoke to her daughter on the phone every day. She seemed fine on the Tuesday and Wednesday and he had put a picture of her online.”
But the court heard when she called the toddler the following day she seemed upset and was crying.
Giles told the concerned mother the girl was “tired”.
But later that day a friend of Giles made a phone call to the worried mum saying he had spoken to Giles on the phone, and could hear the child screaming while on phone.
Miss Patel added: “Within 10 mins she received another call from the defendant’s own brother. His words were that she needed to go straight to his house because he was concerned for her welfare.
Giles cousin, who lived nearby stepped in, the court heard, and went to check on the toddler.”
Miss Patel said: “Eventually he answered the door. When he answered the child was stood naked next to the defendant and was gesturing to be picked up.
“There was bruising around her eye and a cut on her hand. The defendant disappeared into a bedroom and said ‘give me a minute’, then she could hear the sound of broken glass being cleared up.
“She asked for the child’s clothes. She could see broken glass on the floor, an empty bottle of vodka and beer cans on the bed. She grabbed the clothing and some nappies and her pram and left.”
Giles was later arrested and the youngster was taken to hospital, where medics said the injuries were non-accidental.
In a police interview he denied causing deliberate injuries, and said her bruising may have been caused when he slapped her hard when she appeared to be choking on a sweet.
The court heard he had six previous offences for affray, robbery, and order breaches but had not offended since 2008.
Defending, Fraser Livesey said: “It’s an extremely unpleasant case. He fully recognises he is responsible for these injuries.”