A Circuit Court judge has been convicted by a jury at the Central Criminal Court of sexually assaulting six young men on dates in the 1990s.
The offences occurred on dates between March 1991 and November 1997 at locations in Co Dublin, during which time Gerard O’Brien was teaching at a second level school in Co Dublin.
The complainants were aged between 17 and 24 and O’Brien was aged in his 30s at the time of the offences.
Four of the complainants were students or former students of the school at the relevant times.
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O’Brien, now aged 59, with an address at Old School House, Slievenamon Road, Thurles, Co Tipperary, had pleaded not guilty to one count of attempted anal rape and eight counts of sexual assault in relation to the six complainants on dates between March 1991 and November 1997 at locations in Co Dublin.
Today, a jury of six men and four women convicted him on all counts.
Mr Justice Alexander Owens adjourned the case for sentencing to March 4th next. He said he would read victim impact reports in advance and also would obtain a report from the probation and welfare services.
Ann-Marie Lawlor SC, prosecuting, said there had been total and full compliance with bail conditions to date.
Mr Justice Owens said, given the special circumstances of O’Brien he would not remand him in custody at this stage. Normally, a person in such circumstances would go straight to jail but there are special circumstances here, he said.
Ms Lawlor said the complainants had no difficulty with O’Brien being identified but did not want publication of any material that might identify them. Mr Justice Owens said that was a matter for the press.
The prosecution, represented by Ann-Marie Lawlor SC and barrister Eoin Lawlor, argued it was “beyond coincidence” that five complainants either found themselves in a bed or beside a bed with O’Brien and woke up to find him molesting them.
The prosecution contended the accounts by those complainants of what happened were true and O’Brien took advantage of them when they were asleep.
The prosecution also said the jury should accept the evidence of the sixth complainant that he was sexually assaulted by O’Brien, who was born disabled as a result of the Thalidomide drug, while he was bringing him to the toilets in a pub.
The complainants, the prosecution argued, had no motive to make up things about him.
O’Brien, in his evidence to the court, denied the claims of sexual assault and attempted anal rape and said the complainants accounts of events were inconsistent and unreliable.
In relation to three complainants, he said he understood there was consensual activity.
The defence also claimed some of the complainants could not bring themselves to terms with having engaged in embarrassing sexual activity with a man with no arms and one leg.
The ten-member jury went out to consider their verdict just before 1pm on Thursday after Mr Justice Alexander Owens concluded his charge to them.
Just before 6pm, the judge sent the jury home and they resumed their deliberations at 10am on Friday.
They returned to court about 11.15am on Friday to ask some questions, including concerning the issue of consent. After their questions were addressed, they again retired to consider their verdict.
In relation to the first complainant, a student who turned 18 in 1997, the jury found O’Brien guilty of sexually assaulting that complainant at O’Brien’s then Dublin residence on a date unknown between November 1st and November 30th 1997 by placing his mouth on his penis.
In relation to the second complainant, who knew O’Brien from Co Tipperary, the jury found him guilty of two counts of sexual assault in that, on a date unknown at O’Brien’s then Dublin residence, between March 1st, 1991 and December 31st, 1992, when the complainant was aged 18, he placed his mouth on the complainant’s penis and touched part of his body with the penis.
Concerning the third complainant, who also knew O’Brien from Co Tipperary, the jury found O’Brien guilty on two counts of sexually assaulting him at O’Brien’s then Dublin residence on a date unknown between January 1st, 1994 and February 28th, 1994, when the complainant was aged 24, by licking his face and by pressing against his buttocks with his body.
In relation to the fourth complainant, the jury convicted O’Brien of one count of sexual assault on a date unknown at O’Brien’s then Dublin residence between January 1st and December 31st, 1995 of the then 17-year-old student by placing his mouth on his penis.
Concerning the fifth complainant, the jury convicted O’Brien of sexual assault of him on a date unknown between June 1st 1995 and July 9th 1995, when the former student was aged 19, at a pub by moving his penis against him.
In relation to the sixth complainant, O’Brien was found guilty of sexually assaulting him at O’Brien’s then home on a date unknown between September 1st, 1992 and August 31st, 1993, when the complainant was a 17-year-old student. He was further convicted of attempted anal rape of the same complainant on the same occasion.
The judge said it follows from the verdict that O’Brien is now on the sex offenders register.
