October Comments 2016

ANON Oct 25th, 2016 @ 11:36 AM

Father guilty of sexual abuse of daughter sentenced to 10 years…

A Wexford father who sexually abused his daughter over a three-year period has been sentenced to 10 years in prison.

The 45-year-old man, who cannot be named to protect his victim’s identity, pleaded guilty at the Central Criminal Court to 16 counts of oral rape and 16 counts of sexual assault against his daughter on dates between 2010 and 2013.

He has no previous convictions.

His daughter was aged 11-14 at the time she was abused by him.

Ms Justice Isobel Kennedy described the offences as “appalling”.

She said “his shame is justified,” adding that he should “be ashamed of his odious conduct towards an innocent child”.

She said she had taken into account “the forceful nature” of the man’s behaviour and the fact that the child was vulnerable and afraid of him.

The judge accepted that the man had pleaded guilty at an early stage and had shown insight into his own behaviour.

She suspended the final two years of the term on strict conditions and ordered that he undergo two years post-release supervision.

She declared him a sex offender and she said he was to have no further contact with his daughter.

A local Garda told John O’ Kelly SC that the offences came to light in 2014, when the girl alleged that her father had been sexually assaulting her in the family home.

The abuse took place when they were alone together in the house or when her father came in at night from “socialising.” She said it took place very frequently when he was socialising.

She said her father told her not to tell anyone and that no one needed to know.

The girl said she was frightened at first, but as she got older she realised it was wrong and began to resist and fight back.

She said she did not tell her mother because she was worried about the effect it would have on the family, and that it might cause her parents to separate.

ANOn Oct 24th, 2016 @ 06:41 PM

Cork GP jailed for indecent assault after appeal...

A Cork doctor found guilty of indecently assaulting a teenage girl 26 years ago has been jailed following an appeal.

Kevin Mulcahy, 57, of Creggan, Lombardstown, Mallow, Co Cork, had pleaded not guilty to a single charge of indecently assaulting the 15-year-old girl while on call to her family home on 23 December 1989.

He was found guilty by a jury after a retrial at Cork Circuit Criminal Court following 39 minutes of deliberations and was jailed for two years on 25 November 2015.

Mulcahy was granted bail in December 2015 by the Court of Appeal pending an appeal, the conviction aspect of which was dismissed earlier this month.

Giving judgment on Mulcahy's unsuccessful conviction appeal, Mr Justice John Edwards said today that Mulcahy had regularly attended the girl's home to treat her mother who had terminal cancer.

On one of these visits, the girl had a head cold and while examining her, Mulcahy indecently assaulted her.

He was arrested and interviewed in 2011 on foot of a complaint of indecent assault.
Mulcahy successfully appealed his sentence with the Court of Appeal holding that insufficient discount was given for mitigating factors.

Having regard to the particular circumstances of the case, Mr Justice Edwards said Mulcahy was a first time offender with previous good character and he would suffer very significant additional consequences "admittedly through his own fault" by losing his income and profession as a result of his conviction.

In addition, members of his family had been greatly affected by the case. He was the sole carer of his elderly father.

Mr Justice Edwards, who sat with Mr Justice George Birmingham and Mr Justice Alan Mahon, resentenced Mulcahy to 12 months imprisonment.

Mr Justice Birmingham informed Mulcahy that he was now on the sex offenders register. Non-compliance with his obligations in that regard would be an offence, he was told.

He was led away to serve the balance of his sentence. He had served less than a month in prison before being granted bail by the Court of Appeal

ANON Oct 20th, 2016 @ 01:09 PM

Finley Thomas murder: Mum and partner jail terms increased…

A mother and her partner who were jailed over the death of her 17-month-old son have had their sentences extended by the Court of Appeal.

Sean Buckley, 28, was imprisoned for life, with a minimum term of 17 years, after being found guilty of murdering Finley Thomas with a garden chair.

The court raised his tariff to life with a minimum of 20 years.

Chloe Thomas had a 20-month child cruelty sentence extended to two-and-a-half years for failing to intervene.

Finley's 25-year-old mother originally denied neglecting her son, who was found with "catastrophic" injuries at their home in Tonypandy, Rhondda Cynon Taff, before changing her plea.

Cardiff Crown Court had previously heard Thomas' boyfriend Buckley had carried out a "deliberate" attack on the toddler in September 2014 and claimed the boy had fallen down the stairs.

Finley suffered a fractured skull and broken ribs at the hands of Buckley and was taken to Cardiff's University Hospital of Wales but died the next day.

The boy had historical injuries consistent with being physically assaulted, neglected and having been exposed to illegal and prescribed drugs.

Both had their original sentences quashed and jail terms raised following a referral to the Court of Appeal from Solicitor General Robert Buckland QC MP.

"Finley was a very vulnerable young boy who relied on these offenders to protect him," said the solicitor general afterwards.

"I referred this case to the Court of Appeal as I did not think the seriousness of the offending was adequately reflected by their original sentences."

Commenting on the decision, a NSPCC Cymru spokesman said: "Sentencing should always reflect the seriousness of crimes of this nature against children.

"The horrendous abuse suffered by Finley Thomas and the horrific way he died remains deeply shocking. "

ANON Oct 18th, 2016 @ 06:29 PM

BBC Live. 5 , 11.30 pm Sunday October 23: Derek Linster the campaigner for Justice for the Survivors of the Bethany Homes in Ireland will gives an update on their plight.

ANON Oct 18th, 2016 @ 01:45 PM

1/2...Dublin man who abused four sisters given 12-year sentence…

The 49-year-old pleaded guilty at the Central Criminal Court to six counts of sexual assault against the four girls on dates between 2002 and 2004.

The man, who has a previous conviction for rape, was the then partner of the girls’ mother and was living with them in the family home when the sexual assaults occurred.

The eldest victim was aged between 12 and 13 years old when she was abused, and each of her three younger sisters were assaulted on one occasion each with the youngest being seven years old.

Ms Justice Isobel Kennedy noted the man’s guilty pleas and expression of remorse.

She also took into account the severe effect the offences had on the victims.

She imposed consecutive sentences totalling 12 years and ordered four years of probation supervision.

The investigating garda said the accused came to live in the family home in 2001 and sexually assaulted the eldest daughter on an almost-daily basis for a year and a half.

He said the accused cared for the four sisters when they came home from school, while their mother worked, and regularly sent the younger sisters out to play while he abused the eldest sister in her bedroom.

The Garda said the victim was aged between 12 and 13 at the time and she told him that the only day she could remember that she was not assaulted was the day of her confirmation.

The investigating Garda said the accused threatened to kill the eldest sister if she told her mother about the sexual assaults.

He said the eldest sister never told her mother what happened and experienced flashbacks.

She revealed to a teacher what had happened to her and a complaint was made to Gardaí in 2005.

He said the three younger sisters came forward and reported single instances of sexual assault to Gardaí¬ after the allegations from the oldest sister came to light.

ANON Oct 18th, 2016 @ 01:42 PM

2/2…The Garda said the accused was arrested in April 2005, but never charged.

He said a European Arrest Warrant was issued and the accused was remanded in custody in the UK in April 2013 on a separate matter. He said the accused man’s previous convictions included one for rape in 1995.

Tara Burns, BL, prosecuting, read out victim impact reports from each of the four girls, two of which were in court with their mother.

The eldest daughter said she left home at the age of 18 as she “couldn’t stomach to be in the same house he abused me in” and she no longer celebrated birthdays or Christmases with her family.

The woman, who now has children herself, said she felt she was “holding her children back” as she did not leave them with anyone, including friends and family members.

She said the accused “took control of her life” and was now left with no confidence and no trust in people.

The second-eldest sister also said she no longer had relationships with her mother or sisters and the family home was “no longer a happy place”.

She also said she turned to alcohol and cocaine to “block it all out” and ended up in an abusive relationship which left her hospitalised on one occasion.

She also said she now took anti-depressants and her “life is turned upside down”.

The second-youngest sister said she “cannot look at her mother the way she used to” and blamed her mother for the assaults.

She said she found it hard to trust men and always questioned whether they were like the accused.

The youngest sister said she no longer had relationships with her sisters or mother and fell behind in college due to thinking about the court case.

She said she felt confused as she liked the accused as a person and blamed herself for the assaults.

Michael Bowman, BL defending, said the accused was serving a sentence for rape when he met the victims’ mother through her brother.

He moved into the family home straight from prison.

ANON Oct 18th, 2016 @ 01:34 PM

1/2...Move to force rethink on child sex abuse payouts welcomed…

Children’s rights campaigners have welcomed a move by the Irish Human Rights and Equality Commission to try to force a Government rethink on its attitude to compensating victims of child sex abuse.

The IHREC wants the landmark European Court of Human Rights judgment in the Louise O’Keeffe case taken back to the court for clarification following concerns that the Government has deliberately taken a too narrow interpretation of it in order to avoid taking responsibility for other victims.

Chief commissioner Emily Logan says the Government has instructed the State Claims Agency to reject claims from other victims by making them meet overly restrictive criteria.

“It is apparent that the application of these criteria has operated to deprive individuals who claim they have suffered abuse in circumstances that were, for all material purposes, identical to those of the applicant in O’Keeffe, from securing an effective remedy,” she said.

Louise O’Keeffe, from Kinsale, Co Cork, fought a 30-year battle for justice after being abused by a teacher in the 1970s.

The State denied liability in her case, arguing responsibility for her case lay with the school board of management which was practically impossible to sue.

In 2014, the European Court of Human Rights (ECHR) ruled the State did have to take responsibility and it was believed several hundred victims would benefit from the ruling.
However, the State Claims Agency has offered settlements to just seven while threatening others that they will be left penniless if they pursue their cases in court.

The IHREC said the agency insisted that schools named in claims had to have a prior complaint about an abuser and that the abuse had to happen prior to schools getting child protection guidance in 1991-1992.

ANON Oct 18th, 2016 @ 01:32 PM

2/2...Ms Logan said: “The State Party has adopted an overly restrictive interpretation as to the category of victims who come within the scope of the judgment.”

The ECHR can be asked to clarify the intent of a judgment if requested to do so by a Committee of Ministers of the Council of Europe, which means the foreign affairs ministers of member states.

Two-thirds of them have to agree to the request and Ms Logan is seeking a meeting with Ireland’s Charlie Flanagan to ask him to support the move, although for him to do so would be to question the Government’s stance on the judgment. The Minister’s office did not reply to queries.

Ms Logan said the IHREC had a duty to act. “This is the first occasion on which the Commission has called for a case to be referred back to the court, a fact that underlines the importance of the issues raised for the many survivors of sexual abuse who are potentially affected by the court’s judgment.”

The Irish Society for the Prevention of Cruelty to Children backs the move.

“The effect of the State’s interpretation has been to limit out of court settlements for victims of child sex abuse, which the ISPCC believes is unacceptable,” said chief executive Grainia Long.

“The State’s response to child abuse sends an important message about how we realise and respect the rights of victims.

Everyone should believe that justice, legal sanctuary and redress is available, and that if heinous crimes are visited on children, that they will be able to achieve justice.”

ANON Oct 18th, 2016 @ 01:29 PM

Llanwrda man jailed for historical sex abuse on girl

A 71-year-old man from Carmarthenshire has been jailed for three years for historical sex abuse.

Evan Heddwyn Jones from Llanwrda was convicted of four counts of indecent assault on a child between 14 and 16 years from 1976 to 1978.

Swansea Crown Court heard he was employed to pick up school children and drop them at their nearest bus stop.

His victim was the last to be dropped off and Judge Keith Thomas said he "took advantage of the situation."

The victim, Esther Hoad - who now lives in Ireland - has chosen to waive her right to anonymity to speak about the sexual abuse she suffered as a child.
In an interview with BBC Wales, she said: "When the abuse first started I just felt wretched.

I felt confused and guilty that I had somehow attracted all this unwanted attention to myself.

"I cringed in the school taxi every time he touched me or spoke to me. My feelings were guilt and self-loathing, confusion and powerlessness for allowing this to happen to me.

"As an adult I now know that this was misplaced guilt, but as the child I was then, I felt I was to blame."

Hoad decided to approach the police in 2014 after disclosing her sex abuse experiences to her therapist

Ms Hoad said she only decided to approach the police in 2014 after disclosing her experiences to her therapist.

"As the statements gathered by Dyfed-Powys police came in from people I grew up with, from people I went to school with, from other members of my family,

I was appalled and angry, because it became crystal clear that everybody knew and that nobody did anything," she said.

Ms Hoad hopes that by waiving her right to anonymity, it will encourage sexual abuse victims to speak out.

Det Con Lee Davies said: "The sentencing of Jones is a significant result for Dyfed-Powys Police and also the victim of these abhorrent crimes.

"It has taken great courage for her to come forward and to stand before a judge and jury to provide her evidence.

I applaud her for finding the confidence to come forward."

ANON Oct 18th, 2016 @ 01:25 PM

1/2...St Patrick’s Guild sought €50k cash from Tusla for adoption records…

St Patrick’s Guild adoption agency requested a payment of “at least €50,000” from Tusla before it would transfer the more than 13,000 adoption records it holds.

The agency made the request on numerous occasions throughout 2015 and 2016. It was excluded from the current Mother and Baby Homes Commission despite the Government being told by the Adoption Authority of Ireland (AAI) that the agency was aware of “several hundred” illegal birth registrations.

It ceased operating at the end of 2014 but, due to lengthy negotiations to ensure Tusla were indemnified against any legal action taken by people seeking their records, the files were not transferred until May 2016.

However, it has emerged that the agency had contacted Tusla a number of times throughout 2015 and 2016 seeking a payment of €50,000 before it would agree to transfer any records.

Documents released under Freedom of Information show that Sr Francis Fahy, director of services with St Patrick’s Guild (SPG), wrote to Tusla national manager for adoption Siobhán Mugan in October 2015 requesting an “immediate payment” in regard to almost €48,000 in expenses.

She had previously made a request in April of that year and stated that SPG had not been funded by Tusla since it closed in December 2014, but had continued offering a service to adopted people and natural parents “albeit in a more limited way”.

ANON Oct 18th, 2016 @ 01:20 PM

2/2...“It is now a matter of some urgency,” said Sr Fahy.

“At this time I am enclosing an account of the actual expenses to date for 2015 and would be glad to receive an immediate payment in regard of these expenses. If further details are required please let me know.

A further sum will be required later as often payments fall due from October until such time as the service and the records are transferred to Tusla.”

The attached expenses from January to September 2015 included almost €10,000 on gas and electricity and phone bills of more than €2,000.

Ms Mugan responded to Sr Fahy stating that when the agency ceased operating there was no agreement with Tusla to continue funding into 2015.

She pointed out that, “in fact, it was agreed that the records would be in the possession of Tusla by late January, early February 2015 at the latest”.

However, Sr Fahy wrote to Tusla again in February of this year stating that it would need a payment of “at least 50,000” before it could transfer anything of the 13,000 adoption files.

She pointed out that the agency was preserving and maintaining the records and offering a service on the understanding that its costs would be covered by the State.

“We were given to understand that upon submission of the necessary documentation and accounts funding would be made available to cover the costs incurred during this period,” said Sr Fahy. It was with this understanding that the work was carried out in good faith.

“While every effort has been made to bring the negotiations to a conclusion this has not yet been possible.

Therefore, at this time, and as a matter of urgency, it is necessary to request that a payment of at least €50,000 be made prior to the transfer of the records.”

ANON Oct 18th, 2016 @ 01:16 PM

1/2...Foster children forced to share beds; Some left with carers who had been refused due to care concerns…

The malfunctioning state of foster care services across the Midlands has been laid bare in a new report which shows that some children in placements had to share rooms and even beds with other children because of a lack of available places.

The Hiqa inspection of the Midlands fostering service highlighted a catalogue of issues across Laois, Offaly, Westmeath, and Longford, including children having to rely on black plastic bags to move their belongings or carers who refused to give children their belongings on leaving the placement. In a small number of cases children were placed in houses, which caused overcrowding and resulted in unrelated children sharing bedrooms and sometimes beds.

According to the report, it was not always clear that children were related to, or had an established relationship with, carers who were due to be assessed as relative carers, while the level of monitoring and oversight applied in relative carer placements was also criticised.

There were also issues with the foster care committee, including long delays in decision-making.

According to the report: “Some children have been placed since as far back as 2011 without a decision being reached.”

The report said: “Inspectors found that a small number of foster carers who had been refused by the foster care committee continued to care for children, despite concerns about their ability to meet the needs of children in care.”

It also found allegations were not always managed in a timely manner and uncovered issues with record-keeping.

ANON Oct 18th, 2016 @ 01:15 PM

2/2...At the time of the May inspections, 101 children were placed with relatives and the remaining 256 children were placed with general foster carers.

The report showed that of 26 standards inspected, six standards were judged as at “significant risk”, and 20 standards needed improvement.

It also found 8% of children had no allocated social worker and 45% of children did not have an up-to-date written care plan, while there were 23 unplanned endings in placements in the two years prior to the inspection.

In addition, 12 of the 111 children’s cases sampled and one in 10 of the foster carer’s cases sampled were escalated by the inspection team to the principal social worker for review due to a lack of timeliness or appropriate action.

Safeguarding visits to some children had not taken place, while the report said staff were carrying significant caseloads and morale on some teams was low.

Jennifer Gargan, the director of Empowering People In Care (EPIC), said the report’s findings were “extremely worrying” and “simply unacceptable”.

“It is clear from this report that there needs to be an effective campaign to recruit more foster carers in this area.

Every child in care should have an allocated social worker, care plan/aftercare plan,” she said, adding that timeframes for completion of foster care assessments are required to protect and promote child welfare and stability.

The Care Leavers Network said the report showed “Tusla having to rob from Peter to pay Paul” due to systematic issues, while Barnardos’ head of advocacy, June Tinsley, said the report was proof that money given to Tusla in Budget 2017 needs to be spent on frontline staff.

Jim Gibson, chief operations officer with Tusla, said the Child and Family Agency had put a plan in place to address the changes that need to be made.

ANON Oct 17th, 2016 @ 12:33 PM

Mother jailed for 18 months for child cruelty…

A 37-year-woman who allowed her son to be beaten and raped by his father at the age of six has been sentenced to 18 months in jail for child cruelty.

The boy's 66-year-old father was last week sentenced to 14 years in jail for rape and four years for cruelty to be served at the same time.

The court was told the woman herself had come from an appalling, dysfunctional background of abuse and was not capable of protecting children.

Judge Eagar imposed a three-year sentence, suspending the final 18 months.

He also ordered her not to have any contact with the boy's father on her release.

The boy was taken into care at the age of eight and described being kicked, hit and thrashed on an almost daily basis.

He told them his father had threatened him and he was very frightened of him.

Later, while in foster care, he began to display disturbing, sexualised behaviour and eventually confided in his foster mother that he had been regularly raped by his father.

He also alleged that he had been forced to have sex with his mother and that his father had filmed this and had shown it to another person.

However the mother was acquitted on the sex charges and was only convicted on a charge of cruelty.

ANON Oct 17th, 2016 @ 12:31 PM

1/2...Bill for compensating child abuse survivors could reach £30m say campaigners…

The bill for compensating survivors of child abuse in Northern Ireland could run to £30 million, campaigners have warned.

Some 524 victims could be eligible to make claims over their treatment in institutions from 1922-1995, including at the notorious Kincora Boys' Home in Belfast and by paedophile priest Brendan Smyth.

Campaigners are urging the Stormont Executive to agree to a special redress scheme, with basic payments starting at £10,000, to avoid lengthy, traumatic and expensive civil actions in the courts.

They said it could save £10m off the final bill.

Margaret McGuckin of Survivors and Victims of Institutional Abuse, said: "It is now up to ministers to deliver.

"Redress is a practical way for Government and others to say sorry for how badly they let us down as children. We suffered then and have suffered the consequences through our lives ever since - psychological damage and lost opportunities.

We shouldn't have to suffer on into our old age as well."

The chairman of Northern Ireland's Historical Institutional Abuse Inquiry, Sir Anthony Hart, is due to report to Stormont ministers in January on 157 days of public hearings and evidence from 392 witnesses.

Survivors of abuse are to take their campaign for a suitable redress scheme to the doors of the Assembly on Monday.

Jon McCourt, of Survivors North West, called on Stormont chiefs to listen closely and take their advice seriously.

"Victims and survivors are a very vulnerable group - some of them are very elderly and have health problems. The Executive office should move with urgency to consult with victims and to then set up the redress scheme," he said.

"We have waited for justice for long enough."

ANON Oct 17th, 2016 @ 12:28 PM

2/2...Survivors, backed by Amnesty International, called for the Assembly to "secure and ring fence" money for compensation funds.

The £20m to £30m costs were calculated by Quarter Chartered Accountants. The company was commissioned by the independent Panel of Experts on Redress, which includes Ms McGuckin and Mr McCourt, survivors, their representative groups, academics, lawyers, human rights organisations and others.

It proposed a basic £10,000 payment for anyone who suffered child abuse in an institution, with length of time spent in a home also taken into account, along with assessment of mental, physical and sexual abuse suffered.

Survivors said a Government -run compensation scheme would be more cost-effective and much less traumatic for victims than the courts.

The campaigners noted that the final number of people eligible to make a claim for their treatment will not be known until Sir Anthony Hart's report is finished.

They urged Stormont ministers to open talks on a potential scheme and on the financial contribution to be made by religious orders and other organisations which ran many of the children's homes where abuse took place.

Public hearings at the Historical Institutional Abuse Inquiry ended in July after two and a half years.

Hundreds of vulnerable former residents provided deeply-personal and harrowing claims of sexual, physical and emotional suffering over many decades in care homes run by the church, state and the Barnardo's children's charity.

Some of the most devastating incidents involved abuse inflicted at the Kincora home, and by the notorious paedophile priest Brendan Smyth.

The report by the Panel of Experts on Redress will be presented in Parliament Buildings, Stormont on Monday.

A spokeswoman for the Executive said ministers remain sensitive to abuse survivors and are mindful of the destructive impact of their experiences.

"The nature or level of any potential redress, as stipulated in the inquiry's terms of reference, is a matter the Executive will discuss and agree following receipt of the Inquiry's report," she said.

ANON Oct 15th, 2016 @ 12:01 PM

Man (71) jailed for 2½ years for abusing girls in 1970s…

A woman broke down and cried in the Crown Court in Derry yesterday when a Co Donegal pensioner who sexually abused her and her two sisters over a 10-year period starting more than 40 years ago, was jailed for 2½ years.

John Callaghan (71) from Drung in Quigley’s Point, showed no reaction when Judge Philip Babington jailed him for what the judge described as appalling abusive behaviour.

Callaghan, who had no previous criminal convictions, pleaded guilty to 14 charges of indecently assaulting the three sisters in the homes of family members and friends in Derry between January 1972 and January 1982.

The sisters were aged six, nine and 11 respectively when Callaghan started abusing them.

They first reported the abuse to a social worker in Letterkenny hospital in July 2014 and then made formal statements of complaint to the PSNI in Derry the following August and September.

Last March, Callaghan was arrested by Gardaí and after he was handed over to the PSNI he was interviewed and denied the allegations saying: “I never interfered with anybody.”

He later pleaded guilty to the offences and told a consultant psychiatrist during the preparation of a presentence report: “I didn’t think it was any harm, I didn’t think there was any harm in it.”

The court was told that Callaghan now accepted that what he did was wrong and he apologised to his three victims.

The judge said that victim-impact reports stated that the three sisters had been deeply affected by the abuse and that they might require professional counselling in the future. He said Callaghan’s abuse of his victims had a destructive effect on their family.

ANON Oct 14th, 2016 @ 04:52 PM

Ex-pop star Peter MacBeth jailed for indecent assault…

Sixties pop star Peter MacBeth has been sentenced for indecently assaulting a young girl.

The 79-year-old from Bangor, Gwynedd, was the founding member of The Foundations and had a worldwide hit with Build Me Up Buttercup.

He was previously jailed in 2008 for sexually abusing a second young girl and downloading indecent images.

A Caernarfon Crown Court jury found him guilty of indecent assault on Thursday and he was jailed for 34 months.

Judge Merfyn Hughes QC told him: "It's clear you have very little insight into your offending behaviour and you have no intention of addressing your risk to children."

ANON Oct 14th, 2016 @ 04:49 PM

1/2...GP loses appeal against indecent assault verdict….

A Cork GP found guilty of indecently assaulting a 15-year-old female patient 26 years ago has lost an appeal against conviction.

Kevin Mulcahy, aged 57, of Creggan, Lombardstown, Mallow, Co Cork, had pleaded not guilty to a single charge of indecently assaulting the girl while on call to her family home on December 23, 1989.

He was found guilty by a jury after a retrial at Cork Circuit Criminal Court following 39 minutes of deliberations and he was jailed for two years by Judge Seán Ó Donnabháin on November 25, 2015.

Mulcahy was granted bail in December 2015 by the Court of Appeal pending an appeal against conviction, which was dismissed yesterday.

Giving judgment on Mulcahy’s unsuccessful appeal, Mr Justice John Edwards said the doctor had regularly attended the home of the complainant to treat her mother who had terminal cancer.

On one of these visits, the complainant was suffering from a head cold of sorts and while examining her, Mulcahy touched her vagina on the outside of her clothing for some minutes.

Mulcahy was arrested and interviewed in 2011 on foot of a complaint of indecent assault.

When asked if he recalled the girl being a patient of his, Mulcahy said he had a pre-prepared, typed statement in which he said the allegations were “blatantly false”.

Following the signing of the statement, he was asked a number of questions and in reply said, “I have nothing to say other than what’s written in my statement”, the judge said.

These additional questions and answers were put before the jury, which Blaise O’Carroll, defending, submitted breached his right to silence and irretrievably tainted his credibility in the minds of the jury.

ANON Oct 14th, 2016 @ 04:46 PM

2/2...Prosecuting lawyers said Mulcahy was not saying nothing but that he had voluntarily commented at length in his statement.

Mr Justice Edwards said it was clear Mulcahy did not elect to say nothing but to reiterate that he was relying on his statement.

The supplementary questions merely afforded him the opportunity to add to or change the statement after hearing the specifics of the allegations for the first time or being reminded of them it was unclear which, the judge said.

In relation to the second ground of appeal, that the trial judge failed to warn the jury about the danger of convicting in the absence of corroboration, Mr Justice Edwards said the trial judge was not asked to give a corroboration warning.

Furthermore, when the trial judge said he “half expected” to be asked to give a corroboration warning and said he wouldn’t have given one anyway, defence counsel said “thank you, judge”, Mr Justice Edwards said.

He said the essential justice of the case did not require the court to intervene.
Mr Justice Edwards, who sat with Mr Justice George Birmingham and Mr Justice

Alan Mahon, said the appeal must be dismissed.
Mulcahy was remanded on continuing bail on the basis that he was given a “very early” hearing date for his sentence appeal.

The court heard that Mulcahy had met all requirements made of him and there was never any suggestion that he was a flight risk or had interfered with witnesses.

ANON Oct 13th, 2016 @ 12:55 PM

1/2...Boy raped by father was also abused in foster care…

Tusla has defended the foster placement in which a boy who had already suffered abuse at the hands of his father was again abused, this time by another young person.

The Child and Family Agency also said it could not provide any additional details regarding whether any other children had been placed in the same foster setting at the same time as the alleged perpetrator, or if there was any other allegation of abuse relating to it.

The circumstances surrounding the placement have come under scrutiny after the sentencing judge in the case involving the boy’s father referred to it when jailing the man for 14 years this week.

The boy’s father, a 66-year-old man, was sentenced to 14 years in prison last Monday after the court heard details of horrific abuse carried out against his son.

The Central Criminal Court heard that from the time the boy turned six he was raped by his father on a number of occasions and that he was also locked in a box.

The boy’s father continues to deny the abuse and has signalled that he will appeal.

The boy was removed from the family home just before his eighth birthday in 2011, but in the subsequent foster placement he was sexually abused by another young person.

He was then moved into another foster placement, where he was happier. He later made disclosures regarding the abuse by his father.

In his sentencing remarks Mr Justice Robert Eagar said it had not been wise to put the boy in the foster home where he was sexually abused and that it was “quite clear” there was a large amount of sexual abuse occurring in the house.

ANON Oct 13th, 2016 @ 12:53 PM

2/2...Responding to questions from the Irish Examiner, Tusla said: “It can be confirmed that the child was placed with experienced foster carers.

There was/ is no allegation of abuse against the foster carers, nor were there any concerns about this placement when the decision was made to place the child there.

Any concerns raised in the course of the placement were addressed in line with ‘Children First’ guidelines, including liaison with An Garda Síochána.”

As to whether or not other children were in a placement at the same time as the alleged perpetrator, or if there were any other allegations, a spokesperson for the Child and Family Agency said: “As this is an individual case, it would be inappropriate for Tusla to comment further.”

Foster placements in the south-east were already under scrutiny following revelations in the ‘Grace’ case involving a woman with serious intellectual difficulties who was left in a foster placement where it is alleged she suffered abuse.

A Tusla spokesperson said: “In relation to fostering placements, each child is placed in a care setting appropriate to his/her needs in accordance his/her Care Plan. In the majority of cases, the best place for a child in care is in a foster placement in their own community.

In making foster care placements, Tusla matches each child with a foster carer who is best suited to meet the child’s identified needs. In some cases, this may be a relative, in others it is with a general foster carer.”

Tusla said all foster carers are vetted and approved through formal Foster Care Committees and any concerns relating to a child in foster care are managed in line with ‘Children First National Guidance for the Protection and Welfare of Children’

ANON Oct 11th, 2016 @ 11:40 AM

Flynn ends Artane Band protest on City Hall window ledge…

Gardaí escort councillor from building after demonstration over Christian Brothers link

Mannix Flynn, a former resident of St Joseph’s Industrial School in Artane, wants the band to be brought to an end due to its associations with the Christian Brothers.

Independent Dublin City Councillor Mannix Flynn was escorted by gardaí from City Hall on Dublin’s Dame Street on Monday evening following a protest where he called for the disbanding of the Artane Band.

Three Gardaí escorted Mr Flynn from City Hall at around 5.30pm ahead of the monthly council meeting, after he climbed out an upstairs window of the main council chamber holding a banner calling for the band to be disbanded.

Mr Flynn sat on the window ledge, around 30ft from the ground for some minutes, before he calmly left with Gardaí. Gardaí said he had not been arrested.

Mr Flynn returned to the council chamber shortly before 7pm. He said he had been taken to Pearse Street Garda station where he explained he was “engaged in a lawful protest”.

He said Gardaí told him they had been concerned for his safety because of the height of the window ledge, but told him he was free to go.

Mr Flynn, a former resident of St Joseph’s Industrial School in Artane wants the band to be brought to an end due to its associations with the Christian Brothers.

The band is synonymous with the GAA and traditionally plays before marquee matches at Croke Park, including All-Ireland finals.

While celebrated for its musical heritage, for some the band remains a symbol of the industrial school.

Con Hogan, chairman of the from which the Artane Band is drawn, recently issued a statement saying it is a community-based, voluntary organisation located in the North City Artane area from which it takes its name. 03/10/2016

ANON Oct 10th, 2016 @ 12:19 PM

Please copy and paste....HORROR CHILD ABUSE....http://www.irishtimes.com/news/crime-and-law/courts/criminal-court/father-jailed-for-14-years-for-raping-son-from-the-age-of-six-1.2823655

ANON Oct 8th, 2016 @ 11:54 AM

Man caught with child porn gets 4-year term…

A man caught with thousands of images and videos of child pornography depicting sexual violence, torture, and cruelty has been given a four-year sentence with the final six months suspended.

Marcin Wojciechowicz, aged 34, was caught after he accidentally left a USB memory key containing some of the material as well as a CV in his name in a co-worker’s van.

Gardaí were alerted and during the course of the investigation found over 16,000 images and 300 videos classified as child pornography on his USB stick, mobile phone, and laptop.

Wojciechowicz, with a former address at a hostel on Gardiner St, Dublin, has been in custody since his arrest.

He pleaded guilty to possession of child pornography on a mobile phone on June 2, 2015.

Dublin Circuit Criminal Court heard over 700 of the images on the laptop were at the highest level possible.

Wojciechowicz told Gardaí he was an “investigator” trying to catch paedophiles and must have downloaded the images accidentally. He also initially claimed that gardaí had “planted” the images.

The maximum sentence for possession of child pornography is five years and applies to cases of extreme volume and content, where there are also aggravating factors and an absence of mitigation.

Judge Melanie Greally noted that Wojciechowicz had been diagnosed with schizophrenia in 2010 but since his arrest he had responded well to medication and was now stable.

She said he had been assessed as at moderate to high risk of re-offending.

Judge Greally imposed a sentence of four years with the final six months suspended taking into account his plea of guilty, lack of previous convictions and his psychiatric history.

She ordered that he continue to avail of psychiatric services and take his medication. She said that post-release he had to engage with psychiatric services in Poland for a period of one year.

ANON Oct 5th, 2016 @ 01:05 PM

Former panto actor admits sexual abuse of two boys…

A former senior officer with the Housing Executive has pleaded guilty to 15 charges of sexually abusing two male children between 1971 and 1984.

One-time pantomime actor John Quigley (5 already had three previous convictions for sexually abusing children more than 40 years ago.

As his trial was about to start yesterday at the Crown Court in Londonderry, Quigley, from Maybrook Mews in Pennyburn, Derry was re-arraigned before a jury.

He pleaded guilty to 10 charges of indecently assaulting one of the boys and to two charges of committing an act of gross indecency with him.

He also confessed to two charges of helping another man to indecently assault the child.

He additionally admitted indecently assaulting another boy in the early 1980s.

The defendant was released on bail for the preparation of a pre-sentence report and will be sentenced on November 14.

Judge Philip Babington placed Quigley on the Sex Offender's Register with immediate effect. He will be sentenced next month.

ANON Oct 3rd, 2016 @ 10:50 PM

Former PCSO Peter Bunyan jailed for rape of young girls...

A former police community support officer (PCSO) has been jailed for 24 years for raping two girls aged between three and five.

Peter Bunyan, 43, from Penzance, was found guilty of three charges of rape and one of sexual assault, after a trial at Truro Crown Court.

Bunyan was working as a PCSO when the attacks took place, from 2005 to 2009.

He used his PCSO position to have sex with women and was previously jailed in 2013 for misconduct in a public office.

More on this story, and other news in Devon and Cornwall

'Breach of trust''...

As he sentenced Bunyan, Judge Simon Carr said: "You caused devastation by your actions."

The judge said the defendant had committed "a great breach of trust".

The trigger for one of the victims to come forward was seeing a male PCSO visit her school in 2015.

The court heard both girls had found it "impossible to come to terms" with what had happened.

The judge sentenced Bunyan to 24 years for three counts of rape of a child under 13 and seven years concurrent for sexual assault of a child. He was found not guilty of one count of rape of a child.

Misconduct conviction...

A Devon and Cornwall Police spokesman said: "The public have a right to expect exemplary behaviour from all members of the police service who are there to protect them."

Bunyan was convicted in 2013 at Taunton Crown Court of eight counts of misconduct in public office and jailed for seven years, though the sentence was later halved on appeal.

He is understood to have worked as a PCSO from 2007 until he was suspended in 2011 and dismissed in March 2013

ANON Oct 1st, 2016 @ 11:54 AM

1/2...Zappone backs dig