A MAN has been convicted of raping and sexually assaulting a seven-year-old boy in the child’s home 10 years ago.
Clive Dwyer (30), Mill Park, Clondalkin, Dublin, had pleaded not guilty to four counts of sexual assault, three counts of oral rape and one count of anal rape between January 1st, 1999, and December 31st, 2002.
The jury of seven men and five women unanimously found Dwyer guilty on all counts of sexual assault and oral rape, and guilty by a majority verdict on the count of anal rape.
The victim is now 17 years old. Dwyer was a Leaving Certificate student at the time of the offence.
Dwyer initially admitted to the sexual abuse when interviewed by gardaí, but during the trial claimed he had only made the admissions because he had been questioned early in the morning and had not had a cup of coffee yet.
He was convicted on the fourth day of the trial at the Central Criminal Court following three hours and 35 minutes of deliberation.
Mr Justice George Birmingham remanded Dwyer in custody until December for sentence. He thanked the jurors for their diligence and exempted them from further jury service for 10 years.
Dwyer was registered as a sex offender and a victim impact report was ordered for the sentencing hearing.
Questioned by Remy Farrell SC, defending, Dwyer had said: “I was abused myself when I was a kid. I was 14 at the time. When they were interviewing me it kind of brought all those memories back again.”
Earlier in the trial, the victim was asked to describe the offences, and he told the court: “I can’t. I’m not able to say it out loud.”
Later he went on to answer questions about how he was raped and sexually assaulted by Dwyer on several occasions.
When asked by Mr Farrell whether he believed there was money in Dwyer’s family, the teenager replied: “What are you on about money for? I don’t give a f*** about money. I want to see him gone.”
The victim’s sister told the court that her brother confided in her last year and that she brought him to gardaí to report the allegations.
The teenager’s mother said she knew nothing about the incidents until her daughter told her.
The prosecution’s case focused on a Garda interview during which Dwyer initially denied the allegations, before admitting to having sexual relations with the boy a number of times.
The jury was shown a video of the interview, in which Dwyer said: “It happened, just playing around. We do things in life we regret.” Dwyer told interviewing gardaí: “Maybe once I had sex with him, just once,” but he said there had been no use of force.
When questioned during the trial, Dwyer claimed he only made these admissions because he was interviewed early in the morning and he had not had a cup of coffee yet.
Dwyer told Eileen O’Leary SC, prosecuting, that he felt intimidated during the interview because gardai kept repeating questions. “I recall the interview with the gardaí. I found they were repeating their questions when I had already answered them,” he said. He added: “I was confused. I had already answered the questions with the correct answers.”
Ms O’Leary pointed out that he admitted touching the boy in reply to one of the first questions asked in the interview, a question which had not been repeated.
“I was in shock,” he said. “It was because of the time of morning it was. I was dragged out of bed. I hadn’t even got a coffee inside of me.”
Ms O’Leary said that the interview took place at 8:49am and that Dwyer agreed that he had been allowed a visit from his partner and was given a glass of water. He also agreed that he was given a break during the interview.
“I wouldn’t have been thinking clearly at that time of the morning,” he said.
Ms O’Leary pointed out that his story changed a number of times; he initially denied everything before admitting to some touching and finally admitting to anal sex with the boy on one occasion.
Dwyer accepted what he said in the interview, before adding: “It never happened, these allegations are untrue.”
Ms O’Leary said the jury had been shown a video of the interview and described the behaviour of the gardaí as “exemplary”.
“I’m putting it to you that there was no pressure put on you,” she said.
Dwyer agreed that he had signed off on the content of the interview and that he had declined the opportunity to change his statement. He also accepted that he had not made a complaint about the conduct of the interviewing gardaí. “My head was wrecked, I just wanted to get home,” he said.