Courts / Clare / Report

Former primary school principal has six year jail term for indecently assaulting pupils reduced to two on appeal

Date
2015-05-15
Stage
Appeal
Primary locality
Kilkee
County
Clare

Summary

Patrick Barry, an 81‑year‑old former primary school principal from Kilkee, was convicted of indecent assault on 11 female pupils between 1964 and 1985. He was found guilty on 59 of 67 charges and sentenced to 11 years' imprisonment, with five years suspended. On appeal, the Court of Appeal reduced the sentence to two years, suspending the final three years of the five‑year portion. Barry must post a €1,000 bond and keep the peace during the suspended period. His release date is set for 20 May 2019. The appeal was based on the trial judge's error in setting the initial sentence and on Barry's advanced age, health problems and community contribution. The appeal against conviction was dismissed. The case involved allegations of indecent touching and forced positions in the classroom, with most incidents occurring in front of other pupils. The court noted that the offences were committed in a small community where everyone knew each other. Patrick Barry pleaded not guilty.

Who, what, where, when and why

What: Report matter: Former primary school principal has six year jail term for indecently assaulting pupils reduced to two on appeal. Charges or matters: 67 charges of indecently assaulting 11 women on dates between 1964 and 1985 while they attended Moyasta National School as pupils. Procedural stage: appeal. Findings: Found guilty

When:

Why: Mr Justice Sheehan said at one point during the trial, the prosecution offered to amend the indictment by further particularising counts, but explained that this could lead to an indictment containing "up to 300 counts". Prosecution account reported by CNI

Case subjects

Patrick Barry

Applicant

Charges: 67 charges of indecently assaulting 11 women on dates between 1964 and 1985 while they attended Moyasta National School as pupils (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Barry was given an effective sentence of 11 years imprisonment with the final five suspended by Judge Keyes at Ennis Circuit Criminal Court on November 19, 2014. Counsel for Barry, Roderick O'Hanlon SC, had submitted that the sentencing judge did not set out the special circumstances as to why Barry's sentences were imposed consecutively.

Places mentioned

Court Venue
  • Court of Appeal
  • Ennis
  • Ennis Circuit Criminal Court
Residence

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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