Suspended term for false imprisonment of boy, 13

A 13-year-old boy suffered an “odious” and “traumatic” attack when he was falsely imprisoned by another teenager at a public toilet in Tralee and, instead of getting the support of schoolmates, was bullied afterwards.

Judge Donagh McDonagh described the crime against the boy in those terms at Cork Circuit Criminal Court yesterday.

John O’Brien, aged 18, of 53, Kevin Barry Villas, Tralee, Co Kerry, pleaded guilty to one count in relation to what happened at the public toilet for the disabled at Denny St, Tralee, on May 18, 2011, namely the charge of false imprisonment of the 13-year-old.

Judge McDonagh said that the 18-year-old had a lot of problems, including an attention deficit disorder and learning difficulties.

He imposed a three-year sentence, suspended entirely for a period of five years on condition that he would engage with the probation service and abide by their directions, attend his doctor, tell gardaí of any change of address or any plan to leave the country, have no interaction with any underage boys or girls outside his immediate family, and associated with his own age group.

The judge said even though O’Brien was only 15 at the time of the crime, he could be identified now as he is 18.

He said the injured party happened to be in the area when was taken advantage of by the accused.

“There is absolutely no doubt he was taken advantage of in a particularly odious manner, effectively by being restrained in the disabled toilet in Tralee and he was seriously traumatised, I have no doubt about that, such that he needed counselling to overcome his fears and anxieties,” said the judge.

“Later, he ended up being bullied from his schoolmates. Where one would have expected that any young boy who had been exposed to his level of abuse should have the support of his schoolmates, he was subjected to bullying and harassment.

“He suffered on the double. That subsequent abuse cannot be laid at the door of Mr O’Brien.”

Outside of the formal educational structures since 2011, the defendant’s only real support was from his mother, whom the judge described as his conscience and his jailer, in so far as she made sure he kept to a curfew at the family home.

The judge said that, with no criticism of the prison service, the defendant would be at a serious risk because of his vulnerability if imprisoned. “He could possibly come out far worse than he goes in,” he said.