Ruling later in former brother's appeal against abuse conviction

THE COURT of Criminal Appeal has reserved judgment on an appeal by a former Marist brother and primary school teacher against…

THE COURT of Criminal Appeal has reserved judgment on an appeal by a former Marist brother and primary school teacher against his conviction for sexually abusing four boys at a school in Sligo more than 40 years ago.

A central issue in the appeal related to the phenomenon of recovered memory of one complainant, who told the trial he had no recollection of the abuse for 25 years after it had taken place.

It was only when he was approached by gardaí a third time and invited to discuss “life at school” that the memory of the abuse returned to him, he said.

Christopher Cosgrove (67) was sentenced to 12 months imprisonment by Judge Patrick McCartan in May 2010 after a Dublin Circuit Criminal Court jury found him guilty on 35 counts of indecent assault of the boys at St John’s school on Temple Street.

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Cosgrove, Ballyhaunis Road, Claremorris, Co Mayo, had denied the offences which occurred at the school between July 1st, 1968, and June 30th, 1977.

The trial was told Cosgrove would call the complainants up to a desk at the top of his classroom and fondle their private parts.

He appealed his conviction on several grounds before the three-judge Court of Criminal Appeal. The appeal concluded after two days yesterday and Mr Justice Donal O’Donnell said judgment would be given later.

Cosgrove’s lawyer argued that the trial judge had erred in principle by failing to withdraw the counts relating to a complainant from the jury and by failing to warn the jurors of the dangers of convicting on the phenomenon of recovered memory.

There is considerable professional and scientific debate on the feasibility of recovering memories.

Counsel for the Director of Public Prosecutions argued the trial judge had not purported to make a decision on the concept of recovered memory and did not give it his “stamp of approval” and had warned the jury to be careful.