Courts

Two brothers who sexually assaulted cousin when she was a child sentenced to seven years

Danielle Gallagher (33) waived her right to anonymity so that her cousins Aidan Gallagher (40) and Thomas Gallagher (38) could be named

21/04/2017 STOCK: The Courts of Criminal Justice on Parkgate St. Dublin Photograph: Dave Meehan/The Irish Times The Criminal Courts of Justice Exterior view CCJ

One of the accused, Thomas Gallagher, a father of young twins, was diagnosed last year with motor neuron disease. Photograph: Dave Meehan/The Irish Times

Sonya McLean
Mon Oct 16 2023 - 18:00

Two brothers who sexually assaulted their cousin when she was between the ages of eight and 12 have been sentenced to seven years in prison.

Danielle Gallagher (33) waived her right to anonymity so that her cousins Aidan Gallagher (40) and Thomas Gallagher (38) could be named in reporting the case.

The brothers, who lived two houses away from their cousin, had denied the allegations of sexual abuse, oral rape and rape, which occurred between 1999 and 2003. They were convicted by a Central Criminal Court jury sitting in Carrick-on-Shannon, Co Leitrim, last May.

Aidan Gallagher of Dadreen, Killadoon, Westport, Co Mayo, was convicted of six charges of oral rape of his cousin on dates between 1998 and 2003 in sheds around their homes. Thomas Gallagher of Cuttenty, Annaghdown, Galway, was convicted of one charge of rape and seven charges of sexual assault on dates between 1999 and 2003 at the family’s then home, also in Dadreen.

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Aidan Gallagher was jailed for five years and has been placed under two year post-release supervision, while Thomas Gallagher was jailed for two years.

Thomas Gallagher has three children, including recently born twins. He was diagnosed with motor neuron disease in October 2022 and a medical report presented to the court states that he is terminally ill and the disease is rapidly progressing. The report stated that his life expectancy is less than two years. It was due to his severe medical condition that Mr Justice David Keane reduced his prison term to two years.

Aidan Gallagher was due to be ordained as a priest but that ordination was deferred following the allegations. The brothers have no previous convictions.

Mr Justice Keane said at a previous sentence hearing last July that he had never dealt with sentencing someone facing the prognosis of Thomas Gallagher. He described it as “a stark prognosis” and wondered if the prison has the resources necessary to deal with his disease. He noted that the brothers, who were on remand in the Midlands Prison, share a prison cell and at the moment Aidan Gallagher is assisting his brother.

He directed the Prison Service to prepare and provide a report about their ability to facilitate Thomas Gallagher and the progression of his illness.

Mr Justice Keane said he wished Danielle Gallagher well in her continuing recovery and commended her for the dignity she showed throughout the entire process.

He said the young age of Ms Gallagher at the time of the offending made her particularly vulnerable and that each offence had “a profound impact on her”. He also noted the age difference and breach of trust involved.

Mr Justice Keane said the offences were serious enough to warrant a headline sentence of 10 years but said that as both men were minors at the time of the offending, he would reduce the headline sentence to six years.

He said the men were not entitled to credit for a plea of guilty and said that as they do not accept the verdicts of the jury, the men have also not shown remorse, issued an apology or made an effort to make amends. He accepted that neither man had previous convictions.

At a previous hearing last July, Ms Gallagher read her victim impact statement into the record. She described telling her father about the abuse and his response was to do nothing because he didn’t want to upset his older brother. She said this resulted in her relationship with her father becoming very strained. “It told me I didn’t matter – that my father took their side over mine. I told myself that I was a problem.”

Ms Gallagher described a night in 2016 when she “cleared the air” with her father and said a couple of months later her father died. She said that day “began a journey for me that has led me to this day and to this place”. She said it “opened the door to me being able to come forward”.

Ms Gallagher said she always felt her life belonged to someone else. She recalled enjoying reading as a child because she said it could “whisk” her away to a different reality – “an alternative world in my head”, which she said she still tends to do to this day.

She said she started drinking alcohol as a 12-year-old and it later became a crutch. “It was all I could do to keep my thoughts getting the better of me,” she said. Ms Gallagher said she later began to abuse drugs and engage in antisocial behaviour and “frequently got into trouble”. She was prescribed antidepressants and anti-anxiety medication as a teenager.

Ms Gallagher described attending counsellors and said her parents and friends worried about her. She said the abuse “defined me as a person, I was the victim, I felt I didn’t belong in this world”.

She said she has been sober since September 2018. She said she is “so far removed from the person I once was. My feelings and emotions have begun to thaw out”.

Ms Gallagher added that she is now in a happy and healthy relationship and described a good relationship with her mother and brothers. She described being grateful for the people in her life.

“I now welcome the unknown because I have faith. I am not afraid to fail again. For the first time in my life, I can see a future,” Ms Gallagher continued.

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