A retired cameraman who sexually assaulted his teenage stepdaughter 30 years ago in an “egregious breach of trust” has been jailed for 12 months.
Tony Byrne (66) of Carriglea Court, Firhouse, Dublin 24, was found guilty by a jury last month of one count of sexually assaulting Donna McCarthy, then Byrne, at the same address on May 10th, 1992.
Ms McCarthy previously waived her right to anonymity to allow Byrne to be named.
The court was also told that Byrne retired last year and had worked as a cameraman for RTÉ and Virgin Media.
Housing in Ireland is among the most expensive and most affordable in the EU. How does that happen?
Ceann comhairle election key task as 34th Dáil convenes for first time
Your EV questions answered: Am I better to drive my 13-year-old diesel until it dies than buy a new EV?
Workplace wrangles: Staying on the right side of your HR department, and more labrynthine aspects of employment law
Finalising the sentence on Wednesday, Judge Elma Sheahan noted that while Byrne denied the charge, gave evidence and instructed counsel during the trial, he now accepts the verdict of the jury and has offered an apology to Ms McCarthy.
The judge said she hoped Ms McCarthy receives “some measure of comfort” from Byrne’s acceptance of the verdict and his apology “even at this late stage”.
Referring to the victim impact statement, the judge said Ms McCarthy had “suffered above and beyond the assault itself” and “feels the loss of her close family”.
Ms McCarthy has “lost more than the peace of mind and innocence she was entitled to as a teenager”, Judge Sheahan added.
She said this was an “egregious breach of trust” because Ms McCarthy had believed Byrne to be her biological father. Judge Sheahan noted that Byrne was “in truth, her de facto father”.
She handed Byrne a 14-month prison sentence, with the final two months suspended to acknowledge the remorse expressed.
At an earlier sentencing hearing, Det Garda Aine Bolton told Fiona Crawford BL, prosecuting, that the victim made a complaint to gardaí in October 2019, in which she said she was sexually assaulted by Byrne at the family home when she was 16.
During a previous hearing, the court heard that Ms McCarthy felt uncomfortable in the family home before the incident due to comments Byrne made when her mother wasn’t present.
On the night in question, Ms McCarthy had gone home after attending a christening party at a neighbour’s house. Byrne was downstairs in the sittingroom, while her mother returned to the neighbour’s house.
The victim went to her bedroom, then Byrne came upstairs and got into the bed beside her. He put his arm around her, then put his hand on her knee before moving it up her leg. He touched her in the area of her vagina and breasts outside her clothing.
The victim got out of bed and ran to the neighbour’s house, crying and upset. She told her mother and another person that “Dad got into bed with me”. Her mother then took her home.
The court heard there was conversation in the house the next morning, during which Byrne got upset. The victim remained in the family home until she was 21, but relationships were strained.
The court heard Ms McCarthy thought Byrne was her father but a DNA test subsequently showed this was not the case.
Byrne is a father-of-four, and three of his children and his wife, who is the mother of Ms McCarthy, were in court to support him.
On Wednesday Judge Sheahan said she would take into consideration as mitigation Byrne’s expressions of remorse, the support of his wife and family, his work history and his “previous good character”.
She noted he also has the support of friends, though she suggested some testimonials were from people, outside the immediate family, who were “unaware” that Byrne now accepts the sexual assault occurred as described in Ms McCarthy’s evidence.
She added that Ms McCarthy’s participation in the trial “speaks volumes” of “her strength in the face of the defence mounted”.