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 on Wednesday, 28 October, after deliberating for around one hour and 40 minutes.
The trial was held in-camera, meaning it was closed to the public, but it was confirmed by the prosecution and Judge Eugene O’Kelly that Desmond can be named, with the victim retaining full anonymity. Desmond was represented during the trial by barrister Gareth Hayden BL, with prosecutor Niall Storan BL acting on behalf of the State.
Desmond was known as Brother Cornelius during his time as principal of St Stephen’s De La Salle. It was heard in court that he left the De La Salle Brothers in 1988 before being ordained as a priest in Killaloe, Co. Clare, in 1989.
During his sentence hearing onThursday, 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 Demond’s office and hit with a metre stick on his ‘bare backside’.
The court was told that this progressed to Desmond hitting the victim with the metre stick while ejaculating on the victim’s body. It was heard that Desmond would also masturbate behind a desk while he made the victim stand in the corner of his office with his trousers and underwear removed.
Det. O’Sullivan said Desmond was “unco-operative and aggressive” towards Gardaí when they arrived at his house to question him, and an interview had to be cut short by Garda members due to Desmond’s behaviour ‘spiralling’ when he began shouting about ‘getting weapons’.
Det. O’Sullivan agreed with Mr. Storan that Desmond described the abuse allegations to Gardaí as “totally, grossly, and completely false” and told them that he would ‘certainly not’ be under arrest.
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 bravely delivered his impact statement directly to the court, describing how the abuse continues to have a ‘profound’ effect on his life now.
The victim said he “lost all respect for authority” after leaving primary school, and the abuse sent him down paths in life “with only darkness in the end.”
He described dealing with drug problems which ‘destroyed’ his life, although he is now sober.
He added that he reached a point several years ago where it was “like a dam breaking” and he knew he had to “take the burden off” by coming forward about the abuse.
The court was told that the victim initially did not tell anyone about the abuse due to stigma, but confided in a friend about it in recent years before reporting it to Gardaí.
He detailed how the abuse started after Desmond caught him using toilets in a different part of the school building to his class group.
It was heard that the victim described it turning into a “game of cat and mouse” where he would frequently soil himself to avoid using the toilets in the school and being caught by Desmond.
Defence counsel Gareth Hayden BL said that Desmond ‘does not accept’ the verdict of the jury and ‘maintains innocence’.
The barrister asked Det. O’Sullivan about when Desmond was shouting about “getting weapons” in front of Gardaí if he had told them that he “wished to die.”
Det O’Sullivan replied that Desmond told Gardaí to “shoot me and put me out of my misery.”
Mr. Hayden highlighted that a doctor’s letter was handed into the court, which described him as a ‘frail’ 91-year-old. The letter included details of underlying medical conditions that Desmond has, including acute kidney injury, depression, and ‘mild’ cognitive impairment.
The barrister told the court 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, while also adding, “the end of that tunnel is not far away.”
Judge O’Kelly said the offending was “an egregious breach of trust” and a “brazen abuse of power” from Desmond, who was the principal of the school, with the victim entrusted in his care, as a pupil.
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 that was delivered to the court, which detailed how the abuse still has a ‘profound’ effect on the victim, and led him down a ‘dark path’.
The judge set a headline sentence of five years on each of the nine counts, which is the maximum sentence for the offence of indecent assault. It was heard that if the offending had occurred in recent years, the maximum sentence that could be imposed would be 14 years.
This is due to a change in legislation, as the offence of ‘indecent assault’ was changed to ‘sexual assault’ under Irish law in 1990.
Judge O’Kelly stated there was “little to be said” in mitigation, while acknowledging that Desmond is an elderly man with medical issues. 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.
Judge O’Kelly suspended the final year of the sentence for a period of one year post release, given Desmond’s circumstances, including his age and medical conditions, on the condition that he entered into a Probation bond.
It was initially unclear whether Desmond would agree to this, with the judge stating that the suspended element of the sentence would not apply if he failed to accept the bond.
Desmond ultimately agreed and replied “I acknowledge the bond” when told he has to be of good behaviour and keep the peace following his release.
Handing down the sentence, Judge O’Kelly commended the victim in the case for having the “bravery and courage” to speak out.
Funded by the Court Reporting Scheme Robyn Power
