The 76-year-old Brother of Charity who pleaded guilty to nearly 100 charges of abusing boys will soon be released after the Director of Public Prosecutions failed in a bid to have the convicted paedophile's sentence increased.
James Kelly (77), known as Brother Ambrose, was convicted in 1996 on 18 sample counts of abusing children in Cork in the 50s and 60s. He was given a 36-year sentence - the longest in the State for sex offences - but was told by the Judge AG Murphy that he could be released in 18 months provided there were no adverse reports.
Today the DPP failed in its attempt to have the sentence review overturned at the Court Criminal Appeal. Mr Justice Geoghegan, presiding, said the court concluded there was no error in principle and Judge Moran, who was willing to release Brother Ambrose on condition he leave the country - in accordance with Judge Murphy's ruling - was not unduly lenient.
Mr Justice Geoghegan said he could not make a ruling in relation to the intention to house Brother Ambrose outside the country but said: "Given his [Ambrose] age and circumstances, three years is ample punishment."
He said the DPP had failed to establish error in principle or undue leniency on the part of Judge Moran.
Brother Ambrose could now be released in a month in the event of a successful application before Cork Circuit Court.
The Brother of Charity sexually abused orphans and mildly mentally handicapped children at the Holy Family School in Galway during the 1960s. He also committed similar offences during the 1940s and 1950s at another Brothers of Charity institution, the Lota Children's Home in Glanmire, Cork.
Brother Ambrose also had a number of convictions for child sex abuse in England where he went after he left Lota. He received a suspended jail sentence and was put under the supervision of the probation service in England.
Brother Ambrose was given a 36-year sentence by the Cork Circuit Court and was also sentenced to three-years in prison by the Galway Circuit Court to run concurrently with the other sentence.
