Judge commends 'remarkable' abuse victims of Marist brother

A former Marist brother and primary school teacher who was convicted of 35 charges of sexual abuse against four young boys at a Sligo school over 40 years ago has received a 12-month sentence at Dublin Circuit Criminal Court.

Christopher Cosgrove (aged 66) of Cloughreevagh, Ballyhaunis Road, Claremorris, Co Mayo, had pleaded not guilty to 55 charges of indecent assault at the school on dates between July 1, 1968 and June 30, 1977.

In what Judge Patrick McCartan described as “one of the most difficult cases in terms of sentencing” ever put before him, Cosgrove walked from the court a free man having already served a year in prison for the offences.

Detective Sergeant Dermot Flannery agreed with Mr Hugh Hartnett SC, defending, that the trial last March was the fourth time Cosgrove had gone before the court on charges of abuse at the Sligo school.

Det Sgt Flannery agreed with Mr Hartnett that Cosgrove had previously been convicted in Sligo Circuit Criminal Court of the sexual assault of the boys but that conviction was later overturned in the Court of Criminal Appeal after Cosgrove had been in jail for close to a year.

He agreed that a 2008 trial had collapsed due to inappropriate remarks made by a witness and a subsequent trial in 2009 collapsed when both counsel for the defence and prosecution were forced to withdraw for ethical reasons.

Det Sgt Flannery agreed that some 200 people had been interviewed in relation to the case and that some students of the Sligo school submitted that Cosgrove was a good teacher.

Mr Hartnett told the court that Cosgrove was a sickly man who had lived with the pall of the abuse charges hanging over his head for 15 years.

He said that a large amount of testimony from Cosgrove’s friends, neighbours and his wife had been submitted to the court in his defence.

He said that Cosgrove had a very particular fear of prison as he had been attacked and received 25 stitches under general anesthetic after another inmate slashed his throat in 2006.

Mr Hartnett said that although it may appear that a maximum sentence of two years was outdated, it was the applicable law in this instance.

Judge McCartan said that the court had to consider that the nature of Cosgrove’s offending was not the worst of its kind as it was confined solely to fondling of the boys’ private parts.

However, Judge McCartan said that he could not help but be struck by the impact Cosgrove had on his victims’ lives.

He said that all four complainants told an arrestingly similar story of difficulties in forming relationships and finding stability “because of the poison introduced to their lives at an early stage”.

Judge McCartan commended the four complainants, and said that they were “remarkable” men for coming forward and telling their story so long after the assaults had taken place.

He agreed with Ms Mary Rose Gearty SC, prosecuting, that the imposition of consecutive sentences would not be appropriate in this case given the number of victims and the number of assaults which took place.

Judge McCartan said that because the offences occurred over 40 years ago, the law provided for a maximum sentence of two years in the case of sexual assault. He imposed a 12-month sentence. He said the court must also have regard to Cosgrove’s age and his current medical difficulties.

Judge McCartan directed that Cosgrove be registered as a sex offender.

Cosgrove had appeared before the court last March charged with 55 charges of indecent assault at the school on dates between July 1, 1968 and June 30, 1977.

He had denied 14 charges in relation to the first two complainants, nine charges in relation to a third, 17 charges in relation to a fourth complainant and one charge in relation to another boy.

Judge Patrick McCartan directed that 20 charges be withdrawn from the jury, which involved one charge in relation to the first complainant, all charges in relation to the second man and five charges in relation to the third complainant.

The jury of seven men and five women took seven and half hours to return unanimous verdicts on the remaining 35 charges on day-six of the trial.