'Prolific paedophile' who sexually abused five young boy scouts fails to get sentence cut

Jim Harmon's counsel said the challenge in sentencing was not to lose sight of the defendant

Jim Harmon will serve the original sentence of six years and eight months. File photo

“A prolific paedophile” who is now 83 years old and serving a sentence of six years and eight months for the sexual abuse of young boy scouts in the 1970s and early 1980s failed in his appeal against the severity of his sentence on Monday.

Jim Harmon brought the appeal before the Court of Criminal Appeal sitting in Cork where Mr Justice Patrick McCarthy, Ms Justice Nuala Butler and Mr Justice Anthony Michael Collins reached a decision delivered by Mr Justice McCarthy: “We are of the view that the appeal should fail.” 

Defence senior counsel, Elizabeth O’Connell, said on behalf of Jim Harmon that the length of the sentence was “very different when you are looking at what might be the end of someone’s life.” 

One of the grounds of the appeal of the severity of the sentence was that while the sentencing judge at Ennis Circuit Criminal Court acknowledged the age of the defendant at the time of sentencing, insufficient account was given to this and other mitigating factors. 

Ms O’Connell said the challenge in sentencing was not to lose sight of the defendant. She also said insufficient consideration was given to the pleas of guilty to the various charges.

At the sentencing hearing in Ennis two years ago, Judge Francis Comerford jailed the former Limerick scout leader on consecutive sentences totalling six years and eight months in prison for abusing five young boys. 

Jim Harmon of Pinewood, Shannon, County Clare, was in his 30s at the time of the abuse which was carried out at Cratloe in south-east Clare, Holy Island on Lough Derg, Garryowen, Limerick, and the Ennis Road, Limerick.

Mr Justice McCarthy said of Judge Comerford’s sentencing: 

He dealt fully with the fact of the pleas, expression of remorse, co-operation — in so far as it existed — and that it happened over 40 years ago. 

"We think he also had regard for the age of the defendant.” 

During the submissions that were being made, the judges commented on various matters. Mr Justice McCarthy said: “These were small boys away from home and these were very squalid forms of abuse.” 

Ms Justice Butler said there was manipulation of the parents of the boys by the scout leader, and Mr Justice McCarthy added: “40 years ago, parents were not as alert.” 

Jim Harmon pleaded guilty to 12 separate sample counts of indecent assault against the five boys from 1976 to 1981. Indecent assault was the term for sexual assault before a change in the law that came soon after this period.

Original sentencing

At the time of this sentencing two years ago, Scouting Ireland welcomed the conviction and said: "Our thoughts are with the survivors whose bravery led to Jim Harmon’s conviction."

Describing Harmon as a "prolific paedophile" in court, one of the victims said: “This predator used a position of trust to deceive parents and their children to repeatedly molest vulnerable young boys with no regard for the impact his actions had on his many young victims."

Evidence was given that on scouting weekends, the accused would come into the tent at night and put his hands into their pyjamas.

Sgt Niall Donovan of Roxboro Garda Station Limerick, told the court that Jim Harmon has one previous conviction in 2017 at Waterford Circuit Court for indecent assault of a young boy scout in 1976 where he received a suspended one year and three months sentence.

Sgt Donovan was present at the Court of Appeal on Monday as the appeal of the sentence by the paedophile failed.

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