Ex-judge is ‘likely going to prison’ over sexual abuse of six young men
Victim brands offender as ‘conniving’ and a ‘fraud’
A FORMER Circuit Court judge has been told he is likely to face a custodial sentence after being convicted of the sexual abuse of six young men almost 30 years ago.
Gerard O’Brien, 59, was convicted in December of last year at the Central Criminal Court of one count of attempted anal rape and eight counts of sexual assault in relation to six victims.
The offences occurred at locations in Dublin between March 1991 and November 1997. O’Brien, of Old School House, Slievenamon Road, Thurles, Co. Tipperary, was a teacher at CBC Monkstown in Dublin and was aged between 27 and 33 at the time. The victims – four of whom were students or former students – were then aged between 17 and 24.
The victims have indicated they wished for O’Brien to be named but to maintain their anonymity.
Judge Alexander Owens yesterday said his provisional view is that he will impose a custodial sentence when he finalises the case on May 29. He asked for a report from the Irish Prison Services in relation to the facilities that would be available to O’Brien and remanded him on continuing bail until the next date.
O’Brien pleaded not guilty to all the allegations. He resigned as a Circuit Court judge in January, having been appointed to the position in 2015.
Garda Inspector Jonathan Hayes told Anne Marie Lawlor SC, prosecuting, that five of the six victims woke up to find O’Brien performing sexual acts on them to which they had not consented. One of these five victims also said O’Brien attempted to rape him anally. The final injured party’s allegation related to an act in the toilets of a pub.
Three victim impact statements were submitted to the court. One victim said O’Brien ‘betrayed me to my inner core’.
O’Brien was born with a rare congenital condition, phocomelia, a side effect of the drug thalidomide. During the trial, he said in evidence that his mother was ‘convinced’ she took the drug.
This resulted in him being born with no upper limbs and missing one lower limb. He requires assistance with everyday tasks, including going to the toilet. He has no previous convictions.
Michael O’Higgins SC, defending, asked the court to take into account all relevant mitigating and personal circumstances when determining a sentence.
All six victims were in court, along with members of their family, for the hearing.
Inspector Hayes read two of the victim impact statements while one victim read his own. These men outlined mental health difficulties, trust issues and other effects of the sexual assaults.
One victim, who was sexually assaulted in the toilets of a pub, said he believed for many years he was ‘stupid or naïve’ to allow the abuse happen, but now believes he was being ‘manipulated and groomed’.
He said: ‘I felt stupid, and I was manipulated by an extremely egotistic, conniving, intelligent man who knew exactly in the back of his brain what he was doing – pushing the boundaries and seeing what he could get away with for his sexual thrills.’
This victim described O’Brien as a ‘fraud’ and a ‘horrible individual’ who was not willing to admit wrongdoing. He said: ‘I don’t want your pity or apology as it is too late, but maybe someday you should strip away your arrogance and ego and reflect... how wrong it was what you did to me at that time.’
Another complainant who made an impact statement was the victim of a sexual assault and attempted rape by O’Brien.
‘I hope you all understand that when we all leave this court today, I will continue to attend therapy on a regular basis,’ he said.
‘I am sure when Gerry O’Brien has served his sentence, I will still be attending therapy on a regular basis. He will walk free at some point, but I will always wear the badge of someone with paperthin mental health.’
The third complainant to make a victim impact statement woke up to O’Brien performing oral sex on him and felt obliged to return the act. ‘It is impossible to say how my life would have turned out had I not experienced his abuse of trust, his grooming and manipulative actions,’ he said.
Inspector Hayes outlined that the six victims had all provided assistance to O’Brien with everyday tasks, including using the toilet on occasions before the sexual assaults occurred. Each of the men spoke of their admiration and respect for O’Brien prior to the assaults. The court heard that alcohol was a feature of each incident, with drink taken by the six men and O’Brien.
The court heard gardaí started their investigation in 2019 after one of the complainants contacted a helpline in late 2018.
O’Brien is a former teacher and qualified solicitor who served as State Solicitor for North TipHe perary. was appointed to the Circuit Court in 2015 but was put on leave after the allegations came to light, the court heard.
Mr O’Higgins said that while there are six complainants, these were one-off incidents, and the attempted rape was at the lower end of the scale. He said his client acknowledges the teacher-student relationship with four of the victims is an aggravating factor, but asked the court to consider the lack of ‘proper supports’ available at the time. Mr O’Higgins also asked the court to take into consideration his client’s lack of offending since 1997.
He asked the court to consider a non-custodial sentence. He said O’Brien wishes to remain as independent as possible in the event of a custodial sentence.
‘I don’t want your pity or apology’