X-case man jailed for sex attack on girl (15)

The man at the centre of the X case was "a serious menace", according to Judge Patrick McCartan who jailed him yesterday for …

The man at the centre of the X case was "a serious menace", according to Judge Patrick McCartan who jailed him yesterday for sexually assaulting and kidnapping a 15-year-old girl.

Sean O'Brien, a 52-year-old former businessman turned taxi-driver, whose last known address was Highfield Close, Swords, Co Dublin, was imprisoned by Judge McCartan for 3½ years.

He was convicted last Friday by a Dublin Circuit Criminal Court jury of two counts of sexually assaulting the girl in two locations in the city centre and of falsely imprisoning her in his taxi on August 15th, 1999.

He was found not guilty, by direction, of the second charge of false imprisonment of the girl at another location on the same day.

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Judge McCartan also banned him from driving a taxi for the next 10 years, saying he should never have been allowed to drive a public service vehicle.

In 1994 O'Brien was convicted of unlawful carnal knowledge and sexual assault against a 14-year-old girl in 1992.

This, the notorious X case, prompted the Supreme Court to rule in 1992 that abortion was legal in Ireland where pregnancy threatened the life of a woman, for instance if she was suicidal.

As a result of his conviction in the X case, O'Brien was sentenced initially to 14 years' imprisonment.

In court yesterday, Det Garda Michael Foley told prosecuting counsel, Mr Anthony Hunt BL, that in March 1995 this was reduced to four years by the Court of Criminal Appeal.

Following his release from prison, O'Brien had applied for, and received, a Public Service Vehicle (PSV) licence in October 1998.

Judge McCartan commended the victim for her bravery and for having the presence of mind, in such a distressing situation, to memorise the taximan's badge number and report it to the authorities.

He said that were it not for her courage the man would not have been brought to justice.

Judge McCartan said the man had taken her to an isolated location where he was quick to point out "there were no cameras".

Surrounded by tall buildings and with no people around, it must have made the young girl very afraid, he said.

The jury heard during the two-day trial last week that she flagged down the taxi outside Donnycarney church to go to the Ambassador Cinema on Parnell Street, where she was scheduled to meet a friend. On the way he told her she was "a lovely-looking girl" before sexually assaulting her on Marlborough Street, off Talbot Street.

He failed to stop the taxi at the Ambassador Cinema, driving past it to a parking area in Chapel Lane near the Ilac Centre. He then assaulted her a second time.

She asked him several times to take her back to her friends whom she had seen earlier waiting for her at the AIB Bank on Parnell Street. He acceded after a while and drove her back.

The girl she said that she memorised his badge number, which was pinned to the red polo shirt he was wearing, after he first touched her.