Courts / Dublin / Report

Judge who sexually abused young men argues jury charge was 'weighted against' him

Date
2026-03-10
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

Gerard O'Brien, a former Circuit Court judge, has appealed his conviction for attempted rape and the sexual abuse of six young men. O'Brien, who pleaded not guilty to all charges, was convicted in December 2023 at the Central Criminal Court of one count of attempted anal rape and eight counts of sexual assault. The offences, alleged to have occurred between 1991 and 1997 when he was a teacher, resulted in a four-year jail sentence imposed in June 2024 by Mr Justice Alexander Owens, who described O'Brien as "unsuitable to hold office." In his appeal, O'Brien's counsel argued that the trial judge's instructions to the jury were "confusing" and "weighted against the defence," suggesting the charge conveyed personal views and pressured the jury. The State's legal team countered that these suggestions were "misconceived" and urged the Court of Appeal to uphold the conviction. The three-judge court, led by Mr Justice John Edwards, has reserved judgment on the appeal.

Who, what, where, when and why

What: Report matter: Judge who sexually abused young men argues jury charge was 'weighted against' him. Charges or matters: attempted rape and the sexual abuse of six young men when he was a teacher 30 years ago has appealed his conviction, arguing that trial judge's instructions to the jury were "confusing" and "weighted against the defence"; all the charges. Procedural stage: appeal. Findings: Convicted

When:

Case subjects

Gerard O'Brien

Appellant

Charges: attempted rape and the sexual abuse of six young men when he was a teacher 30 years ago has appealed his conviction, arguing that trial judge's instructions to the jury were "confusing" and "weighted against the defence"; all the charges (Proven)

Plea: Not guilty

Finding: Convicted

Outcome: Convicted; He was jailed for four years in June 2024 by Mr Justice Alexander Owens. Imposing sentence, Mr Justice Owens said O'Brien was "unsuitable to hold office".

Places mentioned

Court Venue
  • Court of Appeal
  • Central Criminal Court
Facility
  • Old School House
Residence
Incident

Topics

Stage Appeal Violent Crime

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