Gardaí failed to follow up on 1989 claim from man who admitted doing 'wrong' to nephew, court hears
A man admitted to gardaí in 1989 that he had done something “wrong” to his nephew and gardaí did not follow up on this claim, a court has heard.
The 74-year-old man, who cannot be named to protect the identity of the victim, pleaded guilty at Dublin Circuit Criminal Court to indecent assault at a location in Dublin on a date unknown between September 1, 1980 and September 23, 1983.
Judge Martin Nolan noted that the maximum sentence for the offence when it occurred was two years imprisonment. He said it was his own subjective view that this maximum sentence was not reflective of the culpability of the accused or the effect on the victim in any way.
He said he nevertheless had to take into account the mitigation in the case, which was that the accused pleaded guilty, his remorse, his admissions and his age. He sentenced the man to 16 months imprisonment.
Garda Mark Gearty told Elva Duffy BL, prosecuting, that on the date in question the victim, who was aged around 13 or 14, was watching an Elvis Presley movie in his living room when his father came home from the pub with the accused man, the victim's uncle.
The man lay down on the couch and asked the victim to come over to him. He grabbed the victim, pulled him down beside him and started to rub his legs.
The boy tried to run away but was caught on the stairs by the man. The man removed the victim's clothes and anally raped the teenage boy.
Afterwards, the man told the boy that if he told anyone what had happened then the man would kill him or his father.
The man said that the victim's parents would split up if he said anything, that no one would believe him and that what happened was the victim's fault.
The man has 30 previous convictions, including convictions for possession of firearms, possession of drugs for sale or supply and indecent assault.
Gda Gearty agreed with Ger Small BL, defending, that her client made admissions in 1989 to doing something “wrong” to the victim while being interviewed regarding other sexual offences. Gardaí did not follow up on this claim and the victim was not told.
Judge Nolan said that however limited the admissions made by the man were, the gardaí should have spoken to the victim. The victim was not aware of this admission until after he made a complaint to gardaí years later.
Ms Small said she was instructed to express the deep remorse her client felt regarding his offending. The man has five children, one of whom was in court, and 16 grandchildren.
“A rapist gets 16 months, where is the f***ing justice?” said the brother of the victim, after the judge had left the court.
Not a normal teenager
In his victim impact statement, which was read out in court, the victim said he felt itchy after the abuse and began to wet the bed, which he has continued to do into adulthood.
The victim said the abuse impacted him in every way. He said he was not a normal teenager and began to isolate himself from everyone and everything.
He said that he hated sleeping because he would have nightmares about the abuse. He said that he blamed himself for what happened and that whenever he was doing work in his house, he would intentionally hit himself with a hammer.
The victim said he “turned to the bottle” and was suicidal. He said that on one occasion while drunk he went to the sea and said he wanted to get in and let the waves take him under.
He said on another occasion he planned to hang himself but was too drunk to tie the rope. He said that he still drinks and his marriage is failing as a result.
The victim said he wants his future to be peaceful and happy.
