Former Cork scout leader jailed for indecent assault of boys argues he should have had two separate trials

The argument is that due to the 'circumstances of cruelty' involved in an attack he committed on one boy in a wooded area, the offences against this victim should have been the subject of a separate trial to that concerning four other complainants

Noel Sheehan (pictured) was found guilty on 16 counts of indecent assault by a jury in April 2024 and sentenced by Judge Helen Boyle at Anglesea Street Courthouse in Cork to four-and-a-half years with the final six months suspended. File picture: Cork Courts Limited

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An 80-year-old former scout leader who indecently assaulted five young boys almost 30 years ago has argued that two separate trials should have taken place due to the serious nature of the allegations made by one of his victims.

Barristers for Noel Sheehan on Wednesday submitted to the Court of Appeal that due to the “circumstances of cruelty” involved in an attack he committed on one boy in a wooded area, the offences against this victim should have been the subject of a separate trial to that concerning four other complainants.

Sheehan, of Chimneyfields, Glenville, Co Cork, pleaded not guilty to the charges of indecent assaults against five young boys, which took place at locations in Cork and Waterford between January 1, 1987, and December 31, 1990.

He was found guilty on 16 counts of indecent assault by a jury in April 2024 and sentenced by Judge Helen Boyle at Anglesea Street Courthouse in Cork to four-and-a-half years with the final six months suspended.

Mr Sheehan's appeal

In launching an appeal against conviction on Wednesday, counsel for the appellant, Ray Boland SC, said that the trial judge refused the defence’s application to have a separate trial for the offences committed against one victim. He said there were 18 counts on the indictment against Sheehan, with the appellant convicted on 16 counts.

Mr Boland said one complainant had given evidence of Sheehan putting his hands inside the boy’s sleeping bag and rubbing his body. As this did not involve the touching of the victim’s private parts, Mr Boland said this was at the lower end of offending.

A second complainant gave evidence of waking out of a slumber to feel Sheehan’s hands retracting from his private parts, while a third gave evidence of waking up to find Sheehan’s hand on his private parts. This witness said the appellant’s left hand was fondling the victim’s genitals, with the witness adding that he believed Sheehan was masturbating himself.

Mr Boland said a fourth complainant gave evidence of being touched outside his clothing and also of Sheehan putting his hands inside the victim’s sleeping bag, which progressed to the appellant rubbing his hands inside the victim’s clothes.

Mr Boland said that the defence’s application related to two counts on the indictment. In the first instance, the complainant gave evidence that he was alone in a bedroom, when Sheehan closed the door and stayed in the room. He said Sheehan pulled the duvet off him and tried to jump on top of him, before he attempted to put his hands down the victim’s underwear.

This complainant gave evidence that on another occasion, he and the appellant were walking in the woods when Sheehan attacked him. The witness said Sheehan was “shouting all sorts”, adding that he thought the appellant was going to kill him. 

The witness said he was made to rub Sheehan’s genitals, before Sheehan tried to put his genitals inside the victim. “I think his penis was inside me,” said the witness.

Mr Boland submitted that this complaint was of a much more serious character than the other counts, as it occurred outdoors in broad daylight under “circumstances of cruelty”.

Case against

Counsel for the State, Katherine McGillicuddy BL, said the trial judge was correct to refuse the defence application for a separate trial, as all the complainants were male children who were part of a Boy Scout troop, with Sheehan as their leader. 

She said all the incidents occurred at scouting events that involved sleepover elements. She said that the incident that occurred in the woods was undoubtedly more serious, but it was still a sexual offence that remained of a similar nature to the other counts.

Ms Justice Isobel Kennedy, presiding over the three-judge court, said the court would reserve judgement in the matter.

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