An 80-year-old former Scout leader who indecently assaulted five young boys almost 30 years ago argues two separate trials should have taken place due to the serious nature of one of the victims’ allegations.
Barristers for Noel Sheehan today submitted to the Court of Appeal that, due to the “circumstances of cruelty” involved in an attack he committed on one boy in a wooded area, the offences against this victim should have been in a separate trial from that concerning four other complainants.
Sheehan, of Chimneyfields, Glenville, Co Cork, pleaded not guilty to the charges of indecent assaults against five young boys at locations in Cork and Waterford between 1987 and 1990.
He was found guilty in April 2024 on 16 counts of indecent assault and sentenced by Judge Helen Boyle at Anglesea Street Courthouse in Cork to 4½ years with the final six months suspended.
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In launching an appeal against conviction today, Ray Boland SC, for Sheehan, said the trial judge refused the defence’s application to have a separate trial for the offences committed against one victim. He said there were 18 counts on the indictment against Sheehan, with the appellant convicted on 16 counts.
Mr Boland said one complainant had given evidence of Sheehan putting his hands inside the boy’s sleeping bag and rubbing his body. As this did not involve the touching of the victim’s penis, Mr Boland said, this was at the lower end of offending.
A second complainant gave evidence of waking to feel Sheehan’s hands retracting from his penis area, while a third gave evidence of waking up to find Sheehan’s hand on his penis. This witness said the appellant’s left hand was fondling the victim’s genitals, with the witness adding he believed Sheehan was masturbating.
Mr Boland said a fourth complainant gave evidence of being touched outside his clothing and of Sheehan putting his hands inside his sleeping bag, which progressed to the appellant rubbing his hands inside the victim’s clothes.
Another victim gave evidence that he was alone in a bedroom, when Sheehan came in, closed the door and stayed in the room. He said Sheehan pulled the duvet off him and tried to jump on top of him, before he attempted to put his hands down the victim’s underwear.
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This complainant gave evidence that on another occasion, he and the appellant were walking in the woods when Sheehan attacked him. The witness said Sheehan was “shouting all sorts”, adding that he thought the appellant was going to kill him. The witness said he was made to rub Sheehan’s penis, before Sheehan tried to put his penis inside the victim.
“I think his penis was inside me,” said the witness.
Mr Boland submitted that this complaint was of a much more serious character than the other counts, as it occurred outdoors in broad daylight under “circumstances of cruelty”.
Counsel for the State, Katherine McGillicuddy, said the trial judge was correct to refuse the defence application for a separate trial, as all the complainants were male children who were part of a Scout troop, with Sheehan as their leader. She said all the incidents occurred at scouting events that involved sleepover elements. She said the incident that occurred in the woods was undoubtedly more serious, but it was still a sexual offence that remained of a similar nature to the other counts.
Ms Justice Isobel Kennedy said the court would give its decision at a later date.
