A 77-year old man, who lured his six-year-old niece with the promise of biscuits to his home, where he sexually assaulted her, has avoided a jail term for the offence.
Judge Gerald Keys imposed a suspended two-year jail term on the west Clare man for the sexual abuse of his two nieces.
At Ennis Circuit Court on Monday afternoon, Judge Keys said he reached his decision “after a lot of consideration and difficulty.
“It is unusual, I hope that is not interpreted by the complainants as a lack 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.
He 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 over a long period of time. The judge said he was mindful of this reduction in sentence when imposing sentence on the 77-year-old.
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 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 gardaí 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.
“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.
In garda interviews, counsel for the State, Stephen Coughlan BL, said 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.
“At one stage, the uncle told gardaí that ‘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 gardaí at one stage in relation to the first victim: “You hurt her didn’t you?”. He replied: “Was she pregnant?”
In relation to the sex assault on the niece aged 14 to 15, the man told gardaí he knew what he was doing was wrong, “but she offered it herself. I thought she wanted to have business with me”.
