Pensioner’s ‘lenient’ term for sex assault under appeal

A 71-year-old man convicted of indecently assaulting two young boys in the 1980s must wait to hear whether his two-year prison sentence will be increased by the Court of Appeal.

James Maher, aged 71, of Clonroad Beg, Ennis, Co Clare, had pleaded guilty to 18 counts of indecent assault on two boys 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 DPP appealed Maher’s sentence on the grounds that it was unduly lenient and the Court of Appeal will deliver its judgment on February 10.

Counsel for the DPP, Anne-Marie Lawlor, submitted that Judge Moran believed and had been “inadvertently misinformed” that the maximum sentence available to him to impose on Maher was one of two years imprisonment for each count.

However, the maximum sentence available to Judge Moran was “certainly 10 years”, counsel submitted.

Ms Lawlor said the offences were committed in the most egregious manner. Maher targeted vulnerable young people giving them gifts, money and alcohol in order to groom and control them.

Instances occurred on a regular basis and were pre-planned way.