Courts / Tipperary / Report

'Unsuitable to hold office': former judge jailed for attempted rape and sex abuse

Date
2024-05-31

Stage
Sentence

Primary locality
Tipperary

Summary

Gerard O'Brien, 59, a former Circuit Court judge, was sentenced to five years and nine months' imprisonment, with 21 months suspended, for one count of attempted anal rape and eight counts of sexual assault against six young men. The offences, committed while he was a teacher at CBC Monkstown between 1991 and 1997, involved victims aged 17 to 24, four of whom were students or former students. O'Brien pleaded not guilty, resigned as a judge in January 2024, and had his sentencing hearing postponed twice. The judge noted O'Brien's age, disability and psychological vulnerability, but also highlighted his misuse of disability to exploit victims, lack of remorse, and predatory behaviour. O'Brien will serve the custodial term, be subject to a two‑year post‑release supervision order, and his conviction was deemed to show he was unsuitable to hold judicial office.

Who, what, where, when and why

What: Report matter: 'Unsuitable to hold office': former judge jailed for attempted rape and sex abuse. Charges or matters: attempted rape and the sexual abuse of six young men when he was a teacher 30 years ago was "unsuitable to hold office", the sentencing judge has said in jailing him for four years; all the charges. Procedural stage: sentence. Findings: Convicted

When:

March 1991 Incident
November 1997 Incident
July 2020 Other
March 2022 Hearing Or Sentence
December 2021 Hearing Or Sentence
November 2023 Hearing Or Sentence
2024-05-31 Publication

Case subjects

Gerard O'Brien

Convicted Person

Charges: attempted rape and the sexual abuse of six young men when he was a teacher 30 years ago was "unsuitable to hold office", the sentencing judge has said in jailing him for four years; all the charges (Proven)

Plea: Not guilty

Finding: Convicted

Outcome: Convicted; Lawyers for Gerard O'Brien (59), who had his sentencing hearing twice postponed, had asked the court to consider a non-custodial sentence. Mr Justice Alexander Owens made today sentenced O'Brien to five years and nine months' imprisonment, with the final 21 months suspended under strict conditions.