Courts / Meath / Report

Music teacher jailed for indecently assaulting pupil moves to appeal conviction

Date
2015-12-08
Stage
Appeal
Primary locality
Stamullen
County
Meath

Summary

In 2015, Breffni O'Rourke, a 67‑year‑old music teacher, appealed a 2012 conviction for indecent assault of a nine‑year‑old girl in 1987. He had been found guilty by a jury and sentenced to two years' imprisonment, with the final 12 months suspended. O'Rourke's barrister, Colman Cody SC, argued that the jury should have been discharged because of prejudicial evidence from the complainant's twin sister. She claimed O'Rourke was 'friendly' and had a 'habit of tickling us', and that he would put his hands under clothes and feel skin. Cody said this testimony was not probative and was highly prejudicial, and that it went beyond mere tickling. He also contended that the defence was denied access to notes from an English teacher that might have clarified the complainant's earlier statements. The Director of Public Prosecutions maintained that the witness's remarks were not prejudicial, and the Court of Appeal would reserve judgment. Breffni O'Rourke pleaded not guilty.

Who, what, where, when and why

What: Report matter: Music teacher jailed for indecently assaulting pupil moves to appeal conviction. Charges or matters: indecently assaulting the then nine-year-old girl in his Stamullen home in June 1987. Procedural stage: appeal. Findings: Found guilty

When:

Case subjects

Breffni O'Rourke

Appellant

Charges: indecently assaulting the then nine-year-old girl in his Stamullen home in June 1987 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Photo: Collins) A music teacher jailed for indecently assaulting a pupil in his home 25 years earlier has moved to appeal his conviction. He was found guilty by a jury and sentenced to two years imprisonment with the final 12 months suspended by Judge Desmond Hogan on July 30, 2012.

Places mentioned

Secondary Mention
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal Violent Crime

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