A Circuit Court judge who resigned earlier this year after he was convicted of sexually assaulting six young males on dates in the 1990s has been sentenced to a total of four years’ imprisonment.
Mr Justice Alexander Owens imposed an effective sentence of five years and nine months on Gerard O’Brien (59), of which 21 months was suspended, making a total four years of imprisonment.
O’Brien will also be subject to two years of post-release supervision and will be registered as a sex offender.
Then a serving judge, O’Brien was convicted by a Central Criminal Court jury last December of eight counts of sexual assault of six males, aged between 17 and 24 at the time of the offences, and of the attempted rape of one. The offences occurred on dates between 1991 and 1997 when O’Brien was a teacher at CBC Monkstown in Co Dublin.
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As a result of Phocomelia, a rare birth defect, O’Brien, with an address in Thurles, Co Tipperary, was born without arms and just one leg and needs assistance in personal care. He will serve his sentence in a prison unit with facilities for inmates with disabilities.
Mr Justice Owens noted O’Brien had given evidence that he never intended to cause hurt but he said that could not be the case because hurt was the inevitable effect of what he did.
The evidence established he was “on the lookout for opportunities”, his offences were opportunistic and had a serious impact on his victims, the judge said.
The fact O’Brien was sexually assaulted himself in the past was “no excuse” because he was much older than his victims and had more experience of the world, the judge added.
O’Brien’s actions caused great harm to the victims and his conviction showed he was not suitable to hold judicial office, the judge said.
In his long sentencing decision on Friday, Mr Justice Owens stressed sentencing is “not as simple as it might appear” and certain principles apply. He set out those principles in detail, including the requirement to take into account the nature of the offences and the circumstances of the offender.
The fact O’Brien had not admitted guilt at an early stage was an aggravating factor, the judge said. While he said he accepted the verdict of the jury, that did not involve remorse and he appeared to be blaming others for his present predicament.
His victims would not agree with that assessment “and neither do I”, the judge said. O’Brien’s attitude was unreasonable, self-indulgent and lacked insight. The judge said he did not believe O’Brien had come to grips with his offending behaviour.
A more solid ground for mitigation was his lack of offending since 1997 and his useful contribution to society since, despite his serious disability
The judge set out the evidence relating to the offences and said he had considered that evidence, three victim-impact statements, various reports concerning O’Brien including a probation and psychological report, and a letter from the Irish Prison Service concerning the facilities for prisoners with disabilities.
The judge set out the various sentences being imposed concerning the eight offences, which resulted in an effective sentence of five years and nine months, of which 21 months was suspended.
His conviction followed an investigation by the Garda National Protective Services Bureau, lead by Insp Jonathon Hayes, initiated in 2018.
The six survivors, along with family members, were in the Central Criminal Court on Friday when sentence was imposed.
Four of the victims were his pupils or former pupils, and he knew the other two socially.
Five complainants gave evidence that they, on separate occasions, stayed overnight in his residence to help him in the morning with dressing and going to the toilet.
They said they had been drinking, as had O’Brien, and woke to find him performing sexual acts on them to which they had not consented.
One complainant said O’Brien sexually assaulted him while he was bringing him to the toilet in a pub.
O’Brien, who denied the charges, was convicted on December 22nd after a four-week trial.
In April, Mr Justice Owens heard victim impact statements provided by three survivors, evidence concerning the assaults on all six and mitigation submissions. Probation, psychological and occupational therapy reports concerning O’Brien, and some character references, including from retired solicitor Dara Robinson, were also provided.
One survivor told the judge he was a fifth-year pupil when he was assaulted after being “recruited” by O’Brien as a helper.
“I was hit with shock, loss of trust, shame and disappointment,” he said. The survivor said his behaviour became “erratic and unpredictable”, he lost interest in sports, music and academic achievement, and his physical health suffered “with stress, upset, depression and worry”.
“Before I met Gerard O’Brien, I was a happy, outgoing and trusting person who felt safe and secure within myself. It is impossible to say how my life would have turned out had I not experienced his abuse of trust, his grooming and manipulative actions.”
Insp Hayes read the other two victim impact statements to the court.
In one, the survivor said O’Brien, his teacher, had “betrayed me to my inner core” after assaulting him when aged 17. “His actions have caused me a lifetime of chronic anxiety, a decade of zero self-worth, a suicide attempt and a nervous breakdown.”
In the other statement, the survivor said he was “a 16-year-old child” when O’Brien first asked him to help bring him to the toilet.
It was in that environment that O’Brien’s inappropriate sexual behaviour began, he said. As a result of O’Brien’s actions, he “built a wall around me” and had a problem of trust and letting people into his life, he said.
After the sentencing decision, one of the survivors told The Irish Times said: “I am just happy that justice has been done, it is something we had long hoped for but never thought that we would get.
“Knowing that this is not going to happen to somebody else now because of us coming forward and him being found guilty was motivation for me to go through with the trial in very challenging circumstances,” he said.
The man said that his goal in making his complaint, and setting out on the long journey leading to O’Brien’s trial and conviction, was “to get a conviction and to make sure that this would never happen to anybody else”
“That’s how I feel, the sentence was immaterial,” he said. “In a sense, he [O’Brien] has lost everything. He has lost the position he was in. When he goes back to Thurles, he will be known for what he has done and that is the sentence he will carry for ever.
“The sentence he will serve in prison is just part of the overall sentence and the way his life will change. The amount of time is not important, it was more about getting the conviction.”
Now that the court process is over, he feels he is in a position to get on with his life, he said.
“It has been a long period from the trial in December to the sentence now in May and you’re constantly going back over it. It is difficult waiting for it to be concluded.”
In a statement outside court, Detective Chief Superintendent Colm Noonan of the Garda National Protective Services Bureau said: “This case sends a clear message that nobody is above the law, nobody is immune from prosecution for sexual crimes.”
“We know that sexual crime thrives in silence, we see time and time again how victims and survivors feel isolated, they feel stigmatised and are afraid to speak out. The outcome of this case is a big step towards a change in culture and the stigma of silence where victims are able to tell their stories, and able to tell them without judgment.
“By speaking out, we can and we will bring perpetrators to justice,” he said. “If you, or someone you know, has experienced sexual crime, I want to urge you to reach out to us for help. Please know that An Garda Siochána will listen to you, we will support you and we will do everything we can to help you.
Chief Supt Noonan said he wanted to acknowledge the “extraordinary bravery and the courage” of the victims and the witnesses who came forward in the case.
“Breaking the silence around sexual crime is a courageous and a crucial step towards achieving justice. I believe each of the victims will and have inspired others who might feel isolated or afraid,” he said.
“These crimes will have a lasting effect on the victims and their families and I hope sincerely that they are now able to move forward with their lives. I wish to express my deep thanks to the investigation team in the Garda National Protective Services Bureau who have done an exceptional job and a service. I like to thank the office of the DPP, the prosecution counsel and the victim support groups who supported the victims and their families.”
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