Former judge convicted of sex assaults still eligible for his pension

Gerard O’Brien, a former Circuit Court judge who has been convicted of sexually assaulting six males, is still eligible for his judge’s pension.

O’Brien’s resignation was confirmed by Minister for Justice Helen McEntee at the weekend.

It follows his conviction last month for the sex assaults that occurred in the 1990s.

O’Brien is still in line to get his judicial pension in the coming years.

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The Irish Times understands there is no legal provision for judges’ pensions to be withheld or refused.

Judges of the Circuit Court must have 15 years of service to get a full pension.

O’Brien was on the bench for just under nine years, having taken up his role in early 2015, meaning he will not be in line for maximum pension payments.

A judge who resigns voluntarily cannot receive their pension or lump-sum payment before the minimum retirement age of 65.

Certain exceptions to this rule do not apply to O’Brien.

Currently aged 59, he will be eligible to receive pension payments when he reaches 65.

News of O’Brien’s resignation emerged on Saturday.

A Department of Justice statement said at the weekend: “The resignation has been conveyed to the President in accordance with the requirements of section 6 (2) of the Courts (Establishment and Constitution) Act 1961.”

It added: “The Minister will be making no further comment on this matter prior to the court finalising the case by sentencing, which is adjourned to March 4th.”

O’Brien’s victims were aged between 17 and 24.

The offences occurred on dates between 1991 and 1997, when O’Brien worked as a teacher at a second-level school in Co Dublin.

Four complainants were pupils or former pupils.

The trial heard O’Brien, with an address in Thurles, Co Tipperary, was born without arms and with just one leg and needs assistance dressing and going to the toilet.

O’Brien was disabled as a result of Thalidomide, a drug used to combat morning sickness during pregnancy until its withdrawal here in 1962, a year after it was withdrawn internationally due to causing major birth defects.

Five complainants told the trial they had stayed overnight in his residence to assist him, and woke to find him performing sexual acts on them.

The sixth complainant said O’Brien had sexually assaulted him while he was bringing him to the toilet in a pub.

Following O’Brien’s conviction on December 22nd, Mr Justice Alexander Owens adjourned sentence to March 4th next when victim-impact statements are expected to be heard.

Immediately after the conviction, Ms McEntee said these were “appalling cases of sexual assault”.

Reiterating her aim of “zero tolerance” for all forms of domestic, sexual and gender-based violence here, the Minister said O’Brien’s conviction was “clear proof” that nobody was above the law or immune from prosecution for such crimes.

Speaking prior to the resignation, one of the survivors of the offences, who cannot be identified for legal reasons, told The Irish Times last week he believed O’Brien should resign.

“Gerard O’Brien put the six of us through the arduous process of going to trial in order to achieve justice,” the survivor said. “He could have saved us that hardship.

“If Gerard O’Brien refuses to resign, he will drag both the political and legal systems through a similar legal quagmire. He should resign and save everyone from this unnecessary journey.”

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