A former priest and principal of a Waterford primary school has been jailed for sexually abusing a pupil over 40 years ago.
Con Desmond (91) with an address in Ennis, Co. Clare, was found guilty of nine counts of indecent assault following a trial held at Waterford Circuit Criminal Court this month.
A jury of six men and six women unanimously convicted Desmond, a former principal of St. Stephen’s De La Salle Boys National School in Waterford, of sexually abusing a former pupil at the school on various dates between September 1978 and December 1980.
The jury returned the verdict yesterday after deliberating for around one hour and 40 minutes.
The trial was held at an in-camera (closed to public) court sitting, but it was confirmed by the prosecution and Judge Eugene O’Kelly that Desmond can be named, with the victim retaining full anonymity.
During the sentence hearing today (Thursday, 29 October) Detective Sergeant Finbarr O’Sullivan agreed with State Prosecutor Niall Storan BL that the offending involved incidents where the injured party was brought to Desmond’s office and hit with a metre stick on his ‘bare backside’. It was heard this progressed to Desmond doing this while ejaculating on the victim’s body.
It was also heard that Desmond would masturbate behind a desk while he made the victim stand in the corner of his office with his trousers removed.
Det. Sgt. O’Sullivan said Desmond was “uncooperative and aggressive” towards Gardaí when they arrived at his house to question him.
The court heard that Desmond has previous convictions for similar matters. He was handed a three year suspended sentence in 2006 after pleading guilty to six counts of indecent assault against a different victim in a school setting between 1984 and 1985.
He received a two year sentence for 13 counts of indecent assault following a jury trial in 2013, which involved offending against another victim also in a school setting between 1977 and 1982.
The victim delivered his impact statement directly to the court, describing how the abuse continues to have a ‘profound’ effect on his life now.
Defence counsel Gareth Hayden BL said that Desmond ‘does not accept’ the verdict of the jury and ‘maintains innocence’.
Mr. Hayden noted that a doctor’s letter was handed into the court outlining medical conditions that Desmond suffers from, including acute kidney injury, a history of depression, and ‘mild’ cognitive impairment.
Mr. Hayden noted that Desmond has “very, very limited time left” and has a ‘minimal’ risk of re-offending. The barrister asked Judge O’Kelly to “leave some light at the end of the tunnel” for his client, although acknowledging “the end of that tunnel is not far away.”
Judge O’Kelly said the offending was “an egregious breach of trust” by Desmond, who was the principal of the school, with the injured party entrusted in his care.
The judge noted Desmond’s previous convictions, which involved other victims, stating that “it was obvious throughout his entire tenure [as principal] that he was sexually abusing pupils.”
Judge O’Kelly placed the offending in the ‘upper’ range of gravity, noting the ‘stark’ victim impact statement from the injured party. The judge sent a headline sentence of five years on each of the nine counts.
Judge O’Kelly stated there was “little to be said” in mitigation, acknowledging that Desmond is an elderly man with medical issues. However, he added that a guilty plea was “entirely absent” which meant there was “no remorse”.
The judge reduced each sentence by nine months in mitigation, leaving an overall sentence of four years and three months, to run concurrently.
It was heard that the final year of the sentence will be suspended for a period of one year post release, given the circumstances of the accused including his age and medical conditions.
Handing down the sentence today, Judge Eugene O’Kelly commended the victim in the case for having the “bravery and courage” to speak out.
Read more in next week’s edition of The Munster Express, published on Tuesday, 3 November.
ROBYN POWER
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