Ex-Christian Brother returned to jail following appeal

A former Christian Brother jailed for indecently assaulting three boys at a secondary school in Cork in the 1980s and 1990s has been returned to jail following an appeal.

Edward Bryan, aged 61, with an address at Martinvilla, Athboy Rd, Trim, Co Meath, had pleaded not guilty at Cork Circuit Criminal Court to 10 counts of indecently assaulting four boys at the North Monastery secondary school in Cork on dates between September 1, 1984, and June 30, 1990.

He was found guilty by a jury on seven counts relating to three boys and sentenced to five years’ imprisonment by Judge Seán Ó Donnabháin on March 1, 2013. Bryan was granted bail by the Court of Criminal Appeal in December 2013 to challenge his conviction and sentence.

His conviction appeal was heard in May of this year. One count on which he was convicted was quashed, the balance were upheld, and his appeal was dismissed.

During his sentence appeal, Bryan successfully relied on a Court of Appeal judgment from earlier this year which held that the maximum sentence for indecently assaulting a male in the said time period was two years’ imprisonment and not ten as had been previously believed.

The DPP has appealed that decision to the Supreme Court.

Mr Justice George Birmingham, who sat with Mr Justice Garrett Sheehan and Mr Justice John Edwards, sentenced Bryan to three consecutive 10-month sentences or two-and-a-half years in prison overall.

Speaking on behalf of the Court of Appeal yesterday, Mr Justice Birmingham said Bryan was a school teacher in Cork during the offending period and he was engaged in extra curricular activity. Basketball provided the backdrop to the abuse that occurred.

In general there was inappropriate touching, fondling, groping, and, on occasions, masturbation, he said. These were serious matters involving the sexual abuse of children by a teacher, the judge said.

The prolonged period over which the abuse had occurred, the number of victims, and age difference were aggravating factors.

On the other side of the coin, Bryan had no previous convictions and was otherwise of good character, Mr Justice Birmingham said.

The trial heard evidence from his siblings that Bryan had played a positive role in the community and family, including caring for his elderly mother when she was in decline.

A guilty plea had not been forthcoming, the judge said, meaning the considerable mitigation that would have been available to Bryan was not a factor in this case. The court heard Bryan is prep-ared to take up any available courses for sex offenders.

Wearing a navy suit and tie, Bryan was led away through the custody area of the courtroom and returned to prison.