A 62-YEAR-old man has appeared in court charged with the rape, sexual assault and indecent assault of a young teenager 27 years ago. The man, who is from County Clare and cannot be named for legal reasons, is charged with 11 counts of rape, four counts of oral rape, six counts of sexual assault and four counts of indecent assault on the same female. The charges are alleged to have taken place on various dates and at various locations within County Clare between December 18, 1989 and March 31, 1992, when the complainant would have been between 12 and 14 years of age. At a sitting of Ennis District Court, Detective Garda Claire O’Shaughnessy gave evidence of arresting the man and informed the court that the accused made no reply to any of the charges after caution. The man, who appeared in custody, was admitted to bail on his own bond of €500, subject to conditions that he reside at …
Read More »Jail reduced for teacher’s indecent assaults
An 81-year-old former primary school principal jailed for indecently assaulting 11 of his female pupils has had his six-year jail term reduced to two by the Court of Appeal. Patrick Barry, of Well Road, Kilkee, had pleaded not guilty to 67 charges of indecently assaulting 11 women on dates between 1964 and 1985, while they attended Moyasta National School as pupils. He was found guilty by a jury of 59 counts of indecent assault and not guilty of the remaining eight counts by direction of the trial judge Judge Gerald Keyes. Barry was given an effective sentence of 11 years imprisonment with the final five suspended by Judge Keyes at Ennis Circuit Criminal Court on November 19 2014. Speaking on behalf of the Court of Appeal today, (Friday) Mr Justice Garrett Sheehan said the trial judge had erred in locating the gravity of the offending at the starting point of 11 years imprisonment. Mr Justice Sheehan said the trial judge …
Read More »Former teacher to appeal prison term
FORMER primary school principal, 81-year-old, Patrick Barry from Kilkee has moved to appeal his prison sentence for indecently assaulting 11 women while they were pupils of his in West Clare. Barry lost an appeal against conviction last week with the Court of Appeal “unable to hold” with him on any of his 12 grounds of appeal. He had pleaded not guilty to 67 charges of indecently assaulting 11 women on dates between 1964 and 1985, while they attended Moyasta National School as pupils. He was found guilty by a jury of 59 counts of indecent assault and not guilty of the remaining eight counts by direction of the trial judge Judge Gerald Keyes. Barry was given an afective sentence of 11 years imprisonment with the final five suspended by Judge Keyes at Ennis Circuit Criminal Court on November 19 2014. Speaking on behalf of the Court of Appeal on Monday, Mr Justice Garrett Sheehan said the three judge court was …
Read More »Former teacher loses ‘indecent assault’ appeal
A former primary school principal has lost an appeal against conviction for indecently assaulting 11 women while they were pupils of his in West Clare. Patrick Barry (80), of Well Road, Kilkee, had pleaded not guilty to 67 charges of indecently assaulting 11 women on dates between 1964 and 1985 while they attended Moyasta National School as pupils. Barry was found guilty by a jury of 59 counts of indecent assault and not guilty of the remaining eight counts by direction of the trial judge Judge Gerald Keyes. He was sentenced to 11 years imprisonment with the final five suspended by Judge Keyes at Ennis Circuit Criminal Court on November 19 2014. Speaking today (MONDAY) on behalf of the Court of Appeal, Mr Justice Garrett Sheehan said the three judge court was “unable to hold” with Barry on any of his 12 grounds of appeal and accordingly his appeal against conviction was dismissed. Mr Justice Sheehan said Barry had been …
Read More »Prison term for indecent assaults increased
A 71-year-old man has been returned to prison for one year following a finding by the Court of Appeal that his two-year prison sentence for indecently assaulting two boys in the 1980s was too lenient. However, in its decision delivered today (Tuesday), the court found that the maximum penalty for indecently assaulting a male in the 1980s was two years in prison and not 10, as had been suggested. James (Tony) Maher of Clonroad Beg, Ennis, had pleaded guilty to 18 sample counts of indecently assaulting two boys in the county between January 1982 and April 1985. He was sentenced to two years imprisonment on each count to run concurrently by Judge Carroll Moran at Ennis Circuit Criminal Court on January 14 2013. The Director of Public Prosecutions successfully applied for a review of Maher’s sentence on grounds that it was unduly lenient. The Court of Appeal agreed and increased Maher’s sentence by one year. President of the Court of …
Read More »80-year-old convicted of indecently assaulting two daughters
An 80-year-old Clare man has been sentenced to four and a half years in prison for indecently assaulting his two daughters during the early 1970s. The man, who cannot be named in order to protect the anonymity of his victims, was found guilty of 12 counts of indecent assault after a week-long trial at the Central Criminal Court last month. He had pleaded not guilty to 18 counts of indecently assaulting his daughter in a house and later a caravan in County Clare on unknown dates between January 1971 and December 1973. She was aged between 11 and 13 at the time. The man had also denied indecently assaulting another daughter twice in 1980 at a caravan in County Clare, when she was aged 11 or 12. During his trial, he made admissions to one of these offences. Mr Justice Patrick McCarthy said he was effectively treating that admission as a plea of guilty. The man was found not guilty …
Read More »Guilty of indecently assaulting child
A 68-YEAR-OLD man, with an address in the South East Clare area, has pleaded guilty to indecently assaulting a child in Galway city over a two-year period in the late 1980s. The man pleaded guilty before Galway Circuit Criminal Court last week to 13 sample charges of indecent assault, which took place at a Galway city address on various dates between January 1, 1988, and March 24, 1989. Prosecuting barrister, Conor Fahy said a further 12 charges of indecent assault, involving the same victim, should remain before the court for the time being. Defence barrister, John Hogan said he needed time to obtain a psychological report on his client prior to sentence. Judge Rory McCabe remanded the convicted man on continuing bail to March 18 next year for sentence and directed a victim impact statement be obtained for the court for that date. Ann Healy
Read More »Former principal guilty of indecently assaulting pupils
A jury took over five and a half hours to find an 80-year-old former school principal guilty of indecently assaulting 11 female students over a 21-year period. The jury at Ennis Circuit Criminal Court unanimously found Patrick Barry of Well Road, Kilkee guilty on 59 counts of indecent assault against the school girls between 1964 and 1985 at Moyasta National School. Judge Gerald Keyes had directed the jury to find Barry not guilty on eight outstanding counts for legal reasons. Counsel for the State, Anthony Sammon SC, said: “It is the express wish of the complainants that Mr Barry be named.” The judge ordered that Barry be identified and placed on the Sex Offenders’ Register. Judge Keyes remanded Barry on continuing bail to reappear before the court in October 28 to fix a date for sentence.
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