A former school principal, now in his mid-80s, who was jailed for three years after pleading guilty to 23 counts of indecent assault against eight young girls, had his sentence suspended by the Court of Criminal Appeal yesterday.
While there was no error in principle in imposing a three-year sentence, the trial judge, in refusing to suspend that sentence, gave insufficient weight to the man's unqualified remorse for his conduct and the consequences for his victims, the Chief Justice, Mr Justice Keane, presiding over the three-judge court, said.
The trial judge also gave insufficient weight to the irreparable damage done to the man's standing in his community, the consequences of his disgrace for his own children and, most importantly of all, the "undeniably fragile state" of his physical and mental health.
The Chief Justice stressed it was not the courts' function to extend mercy to offenders, that was for the executive. Its exclusive prerogative was the administration of justice. In this case, the court was satisfied a just and proportionate response required the suspension of the sentence.
Three of the man's offences were committed between December 1946 and June 1948, when the man was teaching in a rural school, and the remaining offences were committed between 1973 and 1983, when he was the principal of another school. The offences came to light in March 1988, when one victim made a complaint to gardaí and other victims later came forward. All were aged between 10 and 12 when the assaults occurred.
When jailing the man in May 2000, Circuit Court judge Joseph Mathews took the view he must impose a custodial sentence but gave leave to appeal to the CCA over whether the trial court was entitled to take into account the age of a convicted person and whether, in this case, the requirements of justice and proportionality would be better met by a suspended custodial sentence.
Giving the CCA decision, Mr Justice Keane, said it was clear, with one exception, the conduct of the teacher had had serious consequences for his victims, making them distrustful of men and creating significant difficulties for them in entering into intimate sexual relationships. One victim had attempted suicide.
The judge, however, noted a consultant psychiatrist had described the appellant as in a very advanced stage of health and mental deterioration, depressed and at continuing risk of suicide.