Octogenarian paedophile appeals conviction for abusing son

An octogenarian paedophile who serially abused children in his family and used his son as a “sexual plaything” should have his conviction set aside, the Court of Appeal has heard.

The Court of Appeal held a remote hearing on Thursday with lawyers and the three judges joining by video-link. The appellant did not wish to be present during the hearing.

The 86-year-old man, who cannot be named to protect his victim's identity, was found guilty by a Central Criminal Court jury of three counts of indecent assault of his son at the family home on dates between 1977 and 1979. The convicted paedophile had denied the three charges.

The Clare man received consecutive sentences totalling four years by Ms Justice Deirdre Murphy on May 15th, 2017. The maximum sentence for the offence at the time was two years.

Passing sentence, Ms Justice Murphy said the court was “hugely constrained” in terms of sentencing as the maximum penalty available at the time the offences were committed was two years imprisonment. She said the maximum penalty was not “in any way commensurate” with the offending.

‘You stole my life’

In his victim impact statement the man told his father: “You took my childhood, education and the foundation of my childhood.

“I have never felt truly safe in my life – and this is your fault. You stole my life,” he said.

Opening an appeal against conviction, the man’s barrister, Michael Delaney SC, said the hearing centred on the trial judge’s refusal to give a corroboration warning and there was a clear basis on the complainant’s evidence for giving the warning.

The complainant gave evidence over three days and there was various inconsistencies between his statements and sworn evidence which established that he could not be a reliable witness, triggering the need for the warning, submitted Mr Delaney.

The barrister argued that there were “numerous respects” in which the complainant had changed his evidence on certain issues in cross-examination and there had been a proper acknowledgement by the prosecution that this gave rise for the warning.

“When we look at the case its almost fair to say in respect of every important feature of the offences that there is a change or development from the complainant of when and where the offences took place, who was present and when it was done,” said Mr Delaney.

Mr Delaney said the trial judge’s warning was “fairly terse” and she had told the jury: “I tend not to give corroboration warnings but I will say there is no independent evidence and no corroboration.”

The lawyer submitted that this was not a legally valid reason and there had been “no engagement whatsoever” by the judge with the evidence.

The man’s trial heard the victim was “used as a sexual plaything” by his father. He was subject to oral and anal rape, and was sometimes gagged and restrained, according to Mr Devally.

The man has previous convictions for sexual abuse of other family members. He is currently serving a seven year sentence for rape and indecent assault of a niece as well as a four and a half sentence for indecent assault of his daughters.

President of the Court of Appeal Mr Justice George Birmingham, who sat with Ms Justice Isobel Kennedy and Mr Justice Patrick McCarthy, said the court would reserve its judgement.