A man who sexually assaulted a teenage schoolgirl in a hotel bedroom in 1994 and 1995 has been jailed for seven years by Judge Cyril Kelly at Dublin Circuit Criminal Court.
Frank Hamilton (49), who was editor of the now-closed Limerick Weekly Echo and a former senior press officer with Shannon Development, was given two consecutive sentences of 3 1/2 years by Judge Kelly.
The court heard that gardai and Customs officers found 69 child and bestiality pornographic videos in a raid on a Limerick premises where they encountered Hamilton. He made two full statements of admission of his role in sexual activities with schoolgirls.
Hamilton, formerly of Shanaboolly Avenue, Ballynanty, Limerick, pleaded guilty in March to sexually assaulting one girl twice on unknown dates between July 10th and November 30th, 1994, and January 1st and July 30th, 1995, at Jurys Inn, Christchurch, Dublin.
Det Garda Gillian Ryan, of the Domestic and Sexual Assault Unit of the Garda National Bureau of Crime Investigation, told Judge Kelly that Hamilton said he liked young girls with big breasts.
Judge Kelly said there was nothing in the probation or pyschotherapy reports before the court which indicated Hamilton had anything but sexual fantasies about young girls. "In my view, he will pose a continuing threat to girls of this age," he said.
"The fact that the offences as shown by the evidence were premeditated, preplanned and prearranged and the hotel paid for, and that he should have known she was under age from the first offence, makes these two distinct offences, so that the sentences must be consecutive."
Det Garda Ryan told Ms Mary Ellen Ring, prosecuting, that Hamilton received the pornographic videos at the Limerick address under an alias. The man whose name was used was unaware of the fact. The name and address had become known to gardai in an investigation and a search warrant had been issued to allow a search of the premises.
Det Garda Ryan agreed with Mr Michael McDowell SC, defending, that the girl in the charges to which Hamilton pleaded guilty was "a willing participant" and that the pimp who procured her was present in the bedroom during the assaults.
She also agreed that Hamilton had helped gardai identify the pimp, who was now before the court in relation to this matter.
Mr McDowell handed in copies of what he claimed were misleading press reports with information that had not come into the public domain. Since he pleaded guilty in March, Hamilton had been viciously attacked twice, his home had had its windows shattered and he had had to move three times.
Mr McDowell said "a careful feed to the media of information" was carried on with the prostitution element kept out. The object appeared to be to reduce Hamilton in the public eye to the level of vermin. The papers claimed the girl involved was 12 years old.
Whoever leaked the information gave the media one view of the case which led people to believe he took a young girl to a hotel and then viciously sexually assaulted her. That was an unbalanced view of the facts.
Mr McDowell said the fact that the girl was not an unwilling participant, but had been seduced into an evil form of child prostitution by another man, did not excuse Hamilton's offending. He had become the victim of his own sexual appetites, but the court should have the full facts behind the charge of sexual assault.
Det Garda Ryan said the girl was aged 14-15 at the time. The girl had said another man, presently before the court, had befriended her when she was aged 10 or 11 and had "groomed" her for child prostitution. He would bring her under an alias to the hotel to meet Hamilton, who would pay him £40-£50 after each session.
Hamilton made contact originally with this man and the girl through advertisements in Hot Press and In Dublin. A telephone message would then be made to arrange to meet the girl. He would book the hotel bedroom and provide sandwiches, crisps and soft drinks for the girl.
He made two voluntary statements and said his marriage had collapsed after his wife found pornography in the house.
Det Garda Ryan said the girl refused point-blank to discuss sexual assaults and became angry when the subject was mentioned to her. She would not co-operate at all with a victim impact report. The girl had got to know the pimp through mild social contact and began with other girls to spend time in his house.
Det Garda Ryan agreed also in reply to Judge Kelly that the girl allowed herself to be photographed in lieu of money she borrowed from the pimp and owed him. She and the other girls willingly engaged in sexual activities with this man and became involved in child prostitution.
A third man who had been prosecuted arising out the same investigation was fined £3,500 in the District Court.
Pressed by Mr McDowell to say if she would agree the girl was "sexually mature" and "had a mind of her own", Det Garda Ryan replied: "She was willing insofar as she started all this when she was 11 or 12 years old and was not working under compulsion." She had also operated in a Bachelors Walk apartment, where she went willingly for paid liaisons.
The court heard Hamilton had no previous convictions and was unemployed, but had been a journalist in Limerick and Clare. He was separated and had two adult children. He had been local correspondent for Ireland Network News and presented a current affairs programme on local radio.
Judge Kelly noted that, while the girl had refused to co-operate with gardai regarding a victim impact report, her parents said as soon as her role in this matter had been disclosed a huge weight had been lifted off her shoulders. He had little doubt she would eventually seek counselling.
The court had received glowing written testimonials from friends which tended to display Hamilton in another light. Judge Kelly said Mr McDowell was right that some details in various media re ports had been inaccurate and the court decried any attack on the defendant or his property.
This was a unique case so no sentencing policy existed. He congratulated the Domestic and Sexual Assault Unit of the National Bureau of Crime Investigation for its work, and Det Garda Ryan for her presentation of the evidence.
He refused leave to appeal severity of sentence.