Judge Gerard O’Brien Sentenced to Four Years for Sexual Assaults on Six Young Males

© Tom Blewitt & Zack Griffiths – Predator Awareness

Gerard O’Brien, a Circuit Court judge, has been sentenced to four years’ imprisonment following his conviction for sexually assaulting six young males in the 1990s. Mr Justice Alexander Owens imposed an effective sentence of five years and nine months, suspending 21 months, and ordered two years of post-release supervision. O’Brien will also be registered as a sex offender.

The offences, which occurred between 1991 and 1997, took place while O’Brien was a teacher at CBC Monkstown in Co Dublin. The victims, aged between 17 and 24 at the time, included four of his pupils and two others he knew socially. O’Brien, now 61 and residing in Thurles, Co Tipperary, was born with Phocomelia—a rare birth defect that left him without arms and with only one leg. He requires assistance with personal care and will serve his sentence in a prison unit equipped for inmates with disabilities.

Judge O’Brien

Convicted last December by a Central Criminal Court jury of eight counts of sexual assault and one count of attempted rape, O’Brien had denied all charges. The investigation was led by Insp Jonathon Hayes of the Garda National Protective Services Bureau, initiated in 2018.

During sentencing, Mr Justice Owens stated:

“The evidence established he was ‘on the lookout for opportunities’, his offences were opportunistic and had a serious impact on his victims.”

He rejected O’Brien’s claim that he never intended to cause hurt, saying, “hurt was the inevitable effect of what he did.”

The judge acknowledged O’Brien’s past experience of being sexually assaulted but said it was “no excuse” given his age and life experience compared to his victims. “O’Brien’s actions caused great harm to the victims and his conviction showed he was not suitable to hold judicial office,” he added.

Mr Justice Owens emphasized that sentencing “is not as simple as it might appear” and outlined principles including the nature of the offences and the offender’s circumstances. He noted O’Brien’s failure to admit guilt early was an aggravating factor and criticized his lack of remorse: “His victims would not agree with that assessment ‘and neither do I’. O’Brien’s attitude was unreasonable, self-indulgent and lacked insight.”

While acknowledging O’Brien’s lack of offending since 1997 and his societal contributions despite his disability as mitigating factors, the judge concluded that O’Brien had not come to grips with his offending behavior.

The court heard three victim impact statements. One survivor, a fifth-year pupil at the time, said:

“I was hit with shock, loss of trust, shame and disappointment. Before I met Gerard O’Brien, I was a happy, outgoing and trusting person who felt safe and secure within myself. It is impossible to say how my life would have turned out had I not experienced his abuse of trust, his grooming and manipulative actions. My behaviour became erratic and unpredictable, I lost interest in sports, music and academic achievement, and my physical health suffered with stress, upset, depression and worry.”

Another survivor, whose statement was read by Insp Hayes, said:

“His actions have caused me a lifetime of chronic anxiety, a decade of zero self-worth, a suicide attempt and a nervous breakdown. O’Brien, my teacher, betrayed me to my inner core.”

A third survivor recalled being “a 16-year-old child” when O’Brien first asked him to help bring him to the toilet:

“It was in that environment that O’Brien’s inappropriate sexual behaviour began. As a result of O’Brien’s actions, I built a wall around me and had a problem of trust and letting people into my life.”

After sentencing, one of the survivors said:

“I am just happy that justice has been done, it is something we had long hoped for but never thought that we would get. Knowing that this is not going to happen to somebody else now because of us coming forward and him being found guilty was motivation for me to go through with the trial in very challenging circumstances. To get a conviction and to make sure that this would never happen to anybody else—that’s how I feel, the sentence was immaterial. In a sense, he [O’Brien] has lost everything. He has lost the position he was in. When he goes back to Thurles, he will be known for what he has done and that is the sentence he will carry for ever.nThe sentence he will serve in prison is just part of the overall sentence and the way his life will change. The amount of time is not important, it was more about getting the conviction.nIt has been a long period from the trial in December to the sentence now in May and you’re constantly going back over it. It is difficult waiting for it to be concluded.”

Outside court, Detective Chief Superintendent Colm Noonan of the Garda National Protective Services Bureau issued a statement:

“This case sends a clear message that nobody is above the law, nobody is immune from prosecution for sexual crimes. We know that sexual crime thrives in silence, we see time and time again how victims and survivors feel isolated, they feel stigmatised and are afraid to speak out. The outcome of this case is a big step towards a change in culture and the stigma of silence where victims are able to tell their stories, and able to tell them without judgment. By speaking out, we can and we will bring perpetrators to justice. If you, or someone you know, has experienced sexual crime, I want to urge you to reach out to us for help. Please know that An Garda Siochána will listen to you, we will support you and we will do everything we can to help you. Breaking the silence around sexual crime is a courageous and a crucial step towards achieving justice. I believe each of the victims will and have inspired others who might feel isolated or afraid. These crimes will have a lasting effect on the victims and their families and I hope sincerely that they are now able to move forward with their lives. I wish to express my deep thanks to the investigation team in the Garda National Protective Services Bureau who have done an exceptional job and a service. I like to thank the office of the DPP, the prosecution counsel and the victim support groups who supported the victims and their families.”

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