Kerry man has child sex abuse sentence reduced

A Kerry pensioner failed to overturn his conviction for sexual offences against young boys today but had the amount of jail time he is to serve halved.

Jerome Baily (aged 76), Ballyard, Tralee was jailed for a total of three years in January 2009 after being convicted of four charges of indecently assaulting two young boys at various locations in north Kerry and Mayo between 1975 and 1982.

Today the CCA ruled the man’s conviction should stand but held there was an “error in principle” in how the pensioner was sentenced.

The three judge appeal court set aside the original sentence, and instead imposed a term of 18 months in respect of three offences and a further 18 months for the fourth offence, the entirety of which was suspended.

He has already served 14 months in prison.

Baily did not attend today’s hearing as he is now paraplegic, having recently suffered serious injuries during an accident in prison.

The court of Mr. Justice Joseph Finnegan presiding, sitting with Mr. Justice Peter Charleton and Mr. Justice Bryan McMahon said it took into account a number of factors including the man’s age and his “poor health”.

It also said that by wholly suspending one of the 18 month-terms, it had regard to the fact that events relating to this offence were "not disputed”, and although this did not amount to a plea of guilty, it was “relevant”.

One of the boys was just 10 years old when he was abused by Baily.

Mr Denis Vaughan Buckley SC argued before the court that his client was entitled to have his conviction overturned because of a number of grounds, including that the trial judge, Judge Carroll Moran of Tralee Circuit Court, “erred in law and in fact” by failing to allow a defence application to discharge the jury.

The three judge appeal court heard how allegations were made during direct evidence in Baily’s weeklong trial which did not form part of the charges against him.

Lawyers for the pensioner also argued that “highly prejudicial” evidence, including “background” material was wrongly introduced at the trial.

The State, represented by Mr Thomas Rice BL opposed the appeal against conviction and sentence.

Counsel for the DPP argued the inclusion of material where Bailey admitted to being “attracted to boys and girls” but “did not abuse them”, amounted to “evidence from which the jury could properly draw inferences”.

Rejecting the appeal against conviction, the court held the trial judge had acted “appropriately” and that evidence adduced at trial had “a probative value” which “outweighed its prejudicial nature”.

In a victim impact statement, following Bailey’s conviction in November 2008, one of the two victims said the man’s actions had scarred him for life.