Offaly farmer jailed for assaulting niece

A Co Offaly farmer has been given a 30-month sentence by Mr Justice Peter Charleton at the Central Criminal Court for sexually assaulting his niece over a decade ago.

The 54-year-old man was convicted by a jury in December on nine charges of sexually assaulting the then teenager on dates from 1990 to 1995. The trial took four days.

The jury also returned not guilty verdicts on 18 further counts alleging that the farmer raped his niece on dates from 1993 to 1998, and on two further charges of sexually assaulting her on dates in 1994.

No verdict was returned on one charge alleging that the man raped her on a date between May and September 1995 when she was 17 years old.

The man, who cannot be named for legal reasons, originally faced and denied a total of 44 charges - 27 of rape on dates from 1992 to 1998, and 17 of indecent and sexual assault on dates from 1990 to 1995

Mr Justice Charleton had earlier withdrawn 13 of the 44 charges from the jury following an application by defence counsel, Mr Patrick Gageby SC (with Ms Sara Phelan BL) at the end of the prosecution case.

He directed that not guilty verdicts be recorded on them: three counts of rape in 1994, two in 1995 and two on dates in 1997-98; two of sexual assault in 1993 and four in 1995.

The jury announced its decisions following just over seven-and-a-half hours deliberation and having spent one night in a hotel. Two of the guilty verdicts were by 10-2 majority and the rest were unanimous.

Sergeant Cora Griffin told prosecuting counsel, Mr Niall Durnin SC (with Ms Dara Foynes BL), that the farmer had no previous convictions.

The now 29-year-old woman told Mr Justice Charleton the offending had transformed her childhood and caused psychological distress. She suffered from flashbacks and nightmares and the assaults had left "lairs and lairs of trauma". The offending had also affected her educational development at the time but counselling had been helpful as was the opportunity to speak in the court

She said her uncle's assaults on her had torn the family apart and she had been subjected to intimidation to try to get her to withdraw the charges but she had great support within her own family.

"The wider community have also been very supportive," she said.

Mr Justice Charleton told her: "What was done to you was terribly, terribly wrong." He told her his sentencing function was not to exercise vengeance but also included showing mercy and clemency.

Mr Gageby noted that the defence did not necessarily accept everything in the victim impact statement. He said this was a case in which there were some admissions which had relevancy and was not a case in which there was a complete blank denial.

Mr Gageby submitted that there was a substantial difference in the jury's findings and what was offered to them in the indictment before it at the trial. His client had no previous convictions and had "fully engaged with the trial process even to the extent of making certain admissions".

Mr Justice Charleton said he believed all the offences were serious. "All these cases are sad and this one is particularly grim." He said that what happened to the victim "was nasty and wrong" and her uncle hadn't the courage to admit his offending. "I am judging this case on what the jury has decided."

He said there was nothing to indicate to him that the farmer had not been of good behaviour since the last offence in 1995. "The one thing that is missing is the word 'sorry' and it doesn't seem it will come".

Mr Justice Charleton imposed eight terms of 18 months and one of 30 months, all to run concurrently and he suspended the final year of the 30 months term on the farmer's own bond.