LEGISLATION DEALING with offenders who are mentally unfit to stand trial is being reviewed after two brothers who were part of a “tidal wave” of sexual abuse of young children in Co Fermanagh were allowed to return to live in their tiny village of Donagh.
New Northern justice minister David Ford is discussing possible changes to the North’s Mental Health Act with health minister Michael McGimpsey following an outcry from victims about how 61-year-old James and 52-year-old Owen Roe McDermott from Moorlough Road, Donagh, in Co Fermanagh were permitted to return to live in the village.
Last week, a judge found that they committed a number of sex acts against boys and girls over a lengthy period but were declared mentally unfit to stand trial.
Their brother, 60-year-old John Michael McDermott of the same address was sentenced to nine years imprisonment on 35 charges of sexually abusing children – one of which included the rape of a boy – over a 30-year period.
A fourth brother, Peter Paul McDermott, who faced charges of indecently assaulting two boys, hanged himself in Donagh graveyard during his trial. In all, the four brothers faced 61 charges against six boys and girls from 1969 until 2002.
In Omagh Crown Court, Judge David McFarland said the four brothers grew up in a family where there was “a highly deviant culture of sexually abusing children”.
“This was a village which had an appalling secret and it was the children who bore the brunt of the tidal wave of abuse,” he added.
One victim said that he felt like a prisoner in his own home, fearing that when he went out a McDermott brother would show up sooner or later.
“They were like meerkats,” he said.
James and Owen Roe McDermott were placed on the sex offenders’ register for life and made the subject of a two-year supervision and treatment order. They are now back living in the community close to a playschool and playground.
Victims complained that under current legislation this supervision and treatment order cannot be extended beyond two years.
A number of the victims who gave anonymous interviews to BBC and UTV said it was wrong that the brothers could return to Donagh.
One victim said: “While the judge has acted within the restraints of the law there should be a review of mental health legislation where those having mental health issues could be kept in a halfway house under 24-hour supervision. At the moment those with such issues are using this loophole in the law to escape justice.”
Under the Mental Health Act responsibility for such issues rests with the health minister.Mr Ford said the case was horrific.
“I think it’s almost inevitable there will be a change in the law but exactly how, and exactly who carries it through, is detail that we now have to work on urgently.”