Priest jailed for raping parishioner

A Donegal priest has been jailed for seven years by Mr Justice Philip O'Sullivan at the Central Criminal Court for raping a teenage parishioner in the church sacristy over 20 years ago.

Father Daniel Doherty (aged 48), Derriscleigh, Carrigart, was found guilty by a jury on May 31 last on two charges each of rape and indecent assault.

The jury took just over five and a half hours to find him guilty by 11-1 and 10-2 majority verdicts respectively on two charges of raping the then 13-year-old woman in the sacristy on dates in 1985.

The jury found him not guilty on a third charge of raping her in the parochial house in 1985 but guilty by an 11-1 majority of indecently assaulting her on that occasion. He was also found guilty by an 11-1 majority of indecently assaulting her in his car on a date in December 1984.

Doherty had denied all the charges during his six-day trial and gave evidence to the jury in his defence denying the charges. He claimed the woman asked him some years ago for money for an abortion but later told him her brother paid for the operation.

The jury heard medical evidence that the woman never had an abortion and evidence that she never received money from her brother for this alleged reason.

Mr Justice O'Sullivan imposed concurrent three-year sentences on the indecent assault charges.

He said the court had received "a great number of testimonials" on Doherty's work as "a popular and hardworking priest" who gave dedicated service and leadership.

Mr Justice O'Sullivan said rape had been long established as one of our most serious crimes. The victim was unable to tell her family about it at the time but told her elder sister, who confronted Doherty without much success.

A complaint made to her teachers did not result in a proper investigation by the school and gardaí were not contacted until she made her formal allegations 18 years later

He said the impact report showed the effects of the offences on the victim and the counselling she has had to receive.

It was apparent that it took great courage on the victim's part to persist with her complaints and to give evidence despite all the difficulties she faced, including a strong solicitor's letter, the judge said.

Mr Justice O'Sullivan said: "Unfortunately I have heard nothing in the nature of remorse or acceptance of the verdict which might go towards mitigation."

He noted that Doherty committed the crimes during his first spell as a curate when he was about 26 to 27 years old and hadn't reoffended since then.

He took into account also the effect of media reporting of the trial and that sentence was being imposed some 25 years after the offending so that while he considered nine years was the appropriate sentence for the rape charges he mitigated that to seven years.

Mr Justice O'Sullivan also certified Doherty to be registered as a sex offender under legislation.

Sergeant Bernadette Gillespie told Mr Denis Vaughan Buckley SC (with Mr Sean Guerin BL), prosecuting, that the victim first made her allegations formally in a letter to the Bishop of Raphoe, Seamus Hegarty, in 2003. That led to the Garda investigation and to the trial.

She told how Doherty stopped his car at a pier while driving her home one night in December 1984 and then climbed over on top of her kissing her and touching her body. He told the victim that she was not to tell anyone and that nobody would believe her instead of a priest.

She said he raped her for the first time in the toilet at the sacristy in 1985. She said she thought she was going to the church for a reading rehearsal but found him working on the amplification, which was faulty.

She wanted to use the toilet and planned to go to an outside facility but Doherty said she should use the toilet in the sacristy and then came in when she was there. She stood up against the wall on her right with her back to it and he raped her there.

The woman told her best friend about this incident and they agreed that in future they would always go together to the church.

She said the second rape happened when she and her friend were late for confession and Doherty said he would hear theirs in the sacristy. When her friend was finished and left the sacristy he said to her: "What am I going to do for you?"

She backed against a wall where he pulled down her trousers and kissed her while telling her he was "very excited". She was becoming frightened while he repeated he was "very excited" and raped her. He then told her again not to reveal to anyone what happened.

She had a bath at home and never mentioned a word to anyone about what happened.

The woman said she met Doherty in the parochial house on another date where she said he had a booklet, which she later learned was a family planning advice publication.

He asked her about her periods and when she had the last one. She couldn't give a definite answer and she went home. Her sister and friend all advised her not to go back near Doherty again on her own.

Some time later he sent for her again. Doherty took her upstairs to his bedroom and told her he wanted to experience sex in a bed.

Her friends were all going to a social function that night but she told them and her family and that she was going to babysit for a neighbour. She went instead to the parochial house and was seen enter it through the rear door by another friend, though she later denied being there.

Mr Vaughan Buckley told Mr Justice O'Sullivan that the victim had no objection to Doherty being named in media reports though it might lead to her being identified.

Sgt Gillespie said Doherty was suspended from his priestly duties when the investigation began.

He was arrested at his home on July 22, 2003, and denied any involvement in these crimes when questioned. He also denied that the complainant was a reader in the church.

Doherty was 26 when he committed these crimes. He was born in Termon, Co Donegal, and was one of 12 children. He was ordained at St Eunan's Cathedral, Letterkenny, on June 19, 1983, for the Raphoe diocese by Bishop Hegarty.

Sgt Gillespie said Doherty worked at St Eunan's College, Letterkenny, and in various Donegal parishes, including Glencolumbkille, Mount Charles and Glenvar as well as in Scotland and West Midlands in England.

He was placed on administrative suspension in April 2003 when the investigation began.

Mr Gerry O'Brien SC (with Mr Gerry Charleton BL), defending, submitted that Doherty wasn't a danger to society and had an excellent record in his priestly work over the years including work as a school chaplain.

He returned voluntarily to Ireland in 2003 and co-operated with gardaí regarding fingerprints and such.

Members of Doherty's family later intimated he was going to go on hunger strike because he maintained his innocence.

"Can a priest get a fair trial in this country? There has been a miscarriage of justice in this case," a brother of Doherty said. The man, who didn't give his own name, said he spoke for Doherty's brothers and sisters.

An earlier application by Doherty's legal team for permission for him "to address some words" to Mr Justice O'Sullivan following pronouncement of sentence was withdrawn after consideration of legal issues.