Family seeks answers over failure to prosecute child sex abuser

THE family of a woman who committed suicide after being sexually abused as a child have never received an official explanation as to why criminal charges were not brought against her abuser.

A case is now being taken to the Garda Ombudsman by the family of Jane Roberts, who was assaulted and sexually abused by a neighbour in the public swimming pool in Thurles in 1982 and committed suicide in 2000, at the age of 26. She had suffered from psychiatric illness and been admitted to a number of different hospitals in the 18 months before her death.

The Roberts family, from Gathabawn in Co Kilkenny recently took a civil action for wrongful death against the man who abused Jane and won €25,395 in damages at the circuit court last July.

John Bowden, 62, of Baleen, Gathabawn, admitted to the abuse and apologised through his legal team, but denied that it was linked to Jane Roberts’s death.

A request to the DPP to review the case, with a view to bringing criminal charges against the abuser, was recently turned down — prompting Jane’s father to take the matter to the Garda Ombudsman.

“The DPP said they couldn’t pursue it this time because of the passage of time since the original decision not to prosecute,” said David Roberts yesterday. “I still feel myself that the courts should decide these things, and not the office of the DPP.”

In 2001, David and his wife Lil and other children Paul, Francis and Sarah — Jane’s twin sister — were told that there would be no criminal prosecution brought against John Bowden, but they were never given an explanation. “There wasn’t a reason given from the DPP in 2001.”

The family believe that the reason the case was dropped was because Jane, who would have been the main witness, was dead, but don’t accept this as an explanation. “I asked for a review in light of our success in the court, notwithstanding the fact that the main witness was deceased,” said Mr Roberts. “I don’t believe that’s a good enough reason for not pursuing a criminal investigation. In a murder case, the main witness is deceased, so that doesn’t hold water for me.”

The issue is likely to take some months of work by the Garda Ombudsman’s office but the family hope to get some answers.

While not revealing details about his family’s appeal to the Ombudsman, Mr Roberts confirmed that there were “four or five” issues raised in their submission.

However, it’s unclear yet whether or not they hope to have the Garda case re-opened. “It depends on what the Ombudsman discovers, or not.”