Retired teacher from County Derry who abused boy over 30 years ago has been jailed for 18 months

A De La Salle Brother and retired teacher who abused a boy over 30 years ago has been jailed for 18 months.

The 77-year-old man, originally from Co. Derry, is a De La Salle Brother, retired teacher and former sports coach.

He was convicted following a trial at Dublin Circuit Criminal Court last November of five counts of sexual assault on dates between April and July 1991 and between April and December 1992 at the boy's home in Co. Dublin.

He can't be named for legal reasons.

The court heard the man abused the victim, then around 12 years old, by touching him inappropriately.

Yesterday (Monday), Judge Dara Hayes imposed a sentence of two years and three months, with the final nine months suspended on strict conditions.

Judge Hayes said the aggravating features of this case include the breach of trust, the impact on the victim and the length of time over which the abuse occurred.

He noted the man was in a position of authority and a “leader in the community”, which was also aggravating.

He said the court noted the defence's submissions that the man was someone “held in high regard” by many throughout his life, but it was dealing with a “serious” set of offending and that the man must be sentenced in relation to this.

The judge said the victim was a boy at the time and noted the impact of the offending on him. He said the offending against the victim occurred “through no fault of his own”. “It should not have happened to him and it was wrong that it did,” he said.

Judge Hayes said the mitigation includes the man's personal circumstances, his health issues and acceptance of the jury's verdicts.

An investigating garda told John Moher BL, prosecuting, that the defendant was involved in a local GAA club, where the victim played and was also the boy's teacher at one point when he was in primary school.

The man became friendly with the boy's parents and was a regular visitor to the family home. He would often bring the boy to a bar to watch football matches and also brought him to All-Ireland football finals. The man also bought the boy football boots and a football top.

The first incident occurred when the man visited the boy's family home when his parents had gone out.

The man started to touch the boy's feet, as if trying to tickle him. He then put his hands into the boy's shorts, touching his penis.

The boy tried to push him away and didn't know if what was happening was right or wrong.

A pattern of similar abuse continued, but there was no evidence that the man told the boy not to tell anyone or that the nature of the abuse escalated.

The court heard that on one occasion, the boy pretended to be ill to stop the abuse. The man appeared to genuinely believe the boy was unwell and remained with him until his parents returned home.

The boy later denied it when asked by his father if the man was “interfering with him”.

The man got the boy to ring the monastery where he lived when his parents were out. The victim recited this telephone number during the trial.

The court heard that the man was often at family events and later attended the victim's wedding.

The injured party told his wife about the abuse and later made a complaint to gardai.

The man has no previous convictions. When interviewed by gardai, he confirmed that he frequently visited the boy's family home and was often alone with him.

In a victim impact statement, the injured party said the abuse had an “enormous” impact on his life.

He said his childhood was destroyed by the man's actions and his good memories tainted.

He described a “deep sense of sadness” and anger that his innocence was taken by the man's actions.

The victim said he'd loved school, but this changed after the abuse started. He said he wondered about the opportunities he missed due to the impact on his education.

He said his wedding day, which should have been the happiest day, was “tainted” by the presence of the man, who was invited by another family member.

The victim said he was “emotionally scarred” and has trust issues, which meant he couldn't trust others with his own children. He described telling them about the abuse as the “hardest and saddest thing” he has ever had to do.

He said he is attending counselling and hopes to address the trauma and shame caused by the man's actions.

An investigating garda agreed with defence counsel that extensive enquiries have been made and no other allegations have been made about the man.

Defence counsel said his client accepts the jury's verdicts and does not intend to appeal.

Counsel outlined the man's background, including that he was “recruited” into the De La Salle order at the end of 12.

The man retired from teaching in 2012, and counsel said tributes paid at the time recognised his client as someone who had served the community for many years.

Counsel asked the court to take into account that no other allegations have been made about his client, who had interacted with “thousands” of children through his work as a teacher, sports coach and involvement in community work.

A number of testimonials were handed into court, including from the man's sister who described him as a “powerful influence for good” on those in his care.

Counsel noted the breach of trust in this case, but asked the court to consider that other aggravating factors, including the use of threats, are not present.

A probation report and other documents were also provided to the court.

Counsel asked the court to consider his client's age, the passage of time since his offending, and that he has otherwise lived a blemish-free life. His client will also carry the stigma of this offence for the rest of his life.

The judge said there was an element of grooming in this case, noting that attending an All-Ireland football final would have been “quite a treat” for a young boy.

He noted the contents of the victim impact statement, and said it showed that the man's actions had a “significant impact”.

He also directed the man to place himself under the supervision of the Probation Services for 12 months post-release.

Addressing the victim, Judge Hayes wished him well for the future and expressed the hope that the the end of the criminal process would bring him some relief.