A retired Garda sergeant who served just seven months of a two-year sentence imposed for sexually assaulting another garda when the latter was a young boy was sent back to prison by the Court of Criminal Appeal yesterday.
The DPP had objected to the decision to free Michael Doherty after seven months and suspend the remainder of his sentence. Doherty (69) of Ballina Road, Swinford, Co Mayo will now have to serve the remainder of his two-year sentence imposed by the Circuit Court last November.
Following the Appeal Court's decision, Doherty was transferred from the Four Courts to Mountjoy Prison and later brought to Castlerea Prison.
He had pleaded guilty before Sligo Circuit Court last November and was sentenced to two years for the indecent assault and buggery of Garda Joseph Sheerin, of Kiltyclogher, Co Leitrim, between 1972 and 1976, when Garda Sheerin was a boy.
When the case came up for review before the same court in June of this year, Judge Carroll Moran suspended the remainder of the sentence.
At the Court of Criminal Appeal yesterday, Mr Justice Keane said the suspension effectively meant Doherty served seven months for the offences to which he had pleaded guilty.
He said the reduction of the two-year sentence was unduly lenient and restored the sentence of two years, to date from November 25th last.
Afterwards, Garda Sheerin said he was pleased with the decision and that he could now put the matter behind him.
Earlier, counsel for the DPP, Mr Patrick Gageby SC, said the DPP's complaint was with the review of sentence. There was overwhelming evidence of a serious catalogue of offences committed against a vulnerable boy in his early teens by a trusted member of the community .
He said Garda Sheerin was 12 when the offences started and the most serious offence had occurred when he was over 14.
There was no speedy admission of guilt from Doherty, and he had decided to plead guilty only in the week before the trial.