A man from Killygordan has been jailed for three years today for 15 counts of sexual assault in the year 1995.
Paul O’Brien of Forest Park, Killygordon has maintained his innocence and has not accepted the jury’s verdict.
Grace Kelly says the jury’s verdict was like a black cloud being lifted following a nine-day trial last November.
The 15 counts of sexual assault were dated between January 1st and December, 1995, when Ms Kelly was aged 9-10 years old and Mr O’Brien was 19.
Mr Justice David Keane jailed O’Brien for three years having taken into account the gravity of the offence, noting that it was at the more serious end of a sexual offence.
It was also taken into account that O’Brien had no previous convictions before or since the offence and had served 21 years in the army before retiring with “honourable discharge” because of these offences.
It understood that Ms Kelly and O’Brien were neighbours at the time and she was best friends with O’Brien’s younger sister.
Ms Kelly concluded her victim impact statement by saying that she hopes now to start a new chapter in her life.
Full Report:
** Warning – Graphic content **
A woman who was sexually abused by her friend’s older brother has said that the jury’s verdict which led to his conviction was “like a black cloud being lifted”.
Grace Kelly waived her anonymity to allow Paul O’Brien (47) to be named in reporting the case.
Today Mr Justice David Keane jailed O’Brien for three years having taken into account the gravity of the offence, noting that it was at the more serious end of a sexual offence.
The judge also took into account the age and vulnerability of Ms Kelly at the time of the abuse and the serious psychological damage she has suffered as a result. He noted that O’Brien does not accept the jury’s verdict and maintains his innocence.
Mr Justice Keane said Ms Kelly had described the devastating effect of the crime on her adding that the abuse had taken over her life “and is more than she can cope with”.
He acknowledged that she in on medication and was previously hospitalised for three days due to a panic attack. He noted that Ms Kelly attributes her medical difficulties to the abuse she suffered as a child.
He further acknowledged that Ms Kelly concluded her victim impact statement by saying that she hopes now to start a new chapter in her life.
Mr Justice Keane said Ms Kelly had shown “commendable resilience and perseverance” and had shown dignity in the way she dealt with the trial. He wished her well for the future.
The judge took into account evidence that O’Brien had no previous convictions before or since the offence and had served 21 years in the army before retiring with “honourable discharge” because of these offences.
Mr Justice Keane took into account case law which deals with sentencing offenders at the age O’Brien was at the time of the abuse and also acknowledged that he at 47 years old he is answering for criminal conduct he carried out at 18 years old.
O’Brien of Forest Park, Killygordon, County Donegal had pleaded not (NOT) guilty at the Central Criminal Court to 15 counts of sexual assault on dates between January 1 and December 1995. A jury found him guilty of six of these counts following a nine-day trial last November.
Ms Kelly (39) was between nine and 10 years old at the time while O’Brien was 19.
Garda Rory McGowan told Shane Geraghty BL, prosecuting, that Ms Kelly and O’Brien were neighbours at the time and she was best friends with O’Brien’s younger sister.
She visited their family home and frequently played computer games with O’Brien which was when the sex assaults occurred. The abuse involved kissing her and making her touch his penis and kissing her breasts. He would hold his foot against the door to prevent others coming into the room.
Ms Kelly later told gardaí that O’Brien told her she was “lovely and pretty” and used to give her “sweets and fizzy drinks”. The girls stopped hanging around together after primary school and Ms Kelly said she “blanked it out” but it later played on her mind and she eventually disclosed the abuse.
The court heard that O’Brien has served in the army and has no previous convictions.
Ms Kelly read her victim impact statement during which she said that she wrote the statement for a reason, “and that that reason is for justice…justice for what was committed against me when I was a child of 10 years old”.
“I am still suffering from the fact that when I was 10 years old, I was sexually abused by my friend’s big brother,” she continued before she added that the abuse “tore me into pieces for a long time”.
She said it took over her life and she felt unease when she was around family and friends.
“I felt so lost at times. Childhood memories should be good memories. My childhood memory is a nightmare,” before she added “the smell of him (referring to O’Brien)”.
“He tricked me into thinking it was acceptable for him to touch me in a sexual way.”
She said she now has three beautiful children, whom she “loves with all my heart”. She said she explained to her two eldest children what had happened her as a child.
“No mother should have to tell their child such a story,” Ms Kelly said before she added that it broke her heart telling her children but she said they now understand why she sometimes behaves as she does.
“He (O’Brien) knew what he was doing was cruel and wrong. I have gone to dark places. I have taken medication on a daily basis,” she continued before she outlined how she suffers from anxiety and has been treated for panic attacks.
She said she has other health complaints that are “directly linked to the sexual abuse I have suffered”.
“I lost my focus in life in general. I lost my friends. I lost every day because I was tired pretending to be happy,” Ms Kelly said.
She said she ultimately told her sibling what had happened and they agreed it was time to report O’Brien to the gardaí.
“Today it is still hard to come to terms with the fact that he was just across the road from my own – a house I had to pass every day.”
“Not only have you mentally and physically abused me but also my own family. The guilt they feel because they are not able to protect from you – it is not your fault,” Ms Kelly said addressing her family.
“I have nothing to be ashamed of. I know I have done nothing wrong. This was 28 years ago – I will
remember it for the rest of my life,” Ms Kelly continued before she added that a “a large black cloud lifted from me when the jury returned the verdict”.
“Hopefully I will start a new chapter in my life that will involve good times with my children and my family. Grace Kelly I am proud of you for standing up and fighting,” Ms Kelly said.
Colm Smyth SC, defending, said O’Brien still maintains his innocence.
He had served 21 years in the armed forces and was honourably discharged following the allegations.
