Hung jury in Wicklow trial over man’s alleged sexual abuse of his younger brother
The Wicklow PeopleA trial into allegations that a man sexually assaulted his younger brother more than 40 years ago has ended in a hung jury at Wicklow Circuit Criminal Court.
The defendant, who cannot be named for legal reasons, had pleaded not guilty to two counts of indecent assault.
Over the course of the trial, the jury made up of made up of seven men and five women, heard evidence from the complainant, who alleged he was sexually abused by his older brother on three occasions at their family home when he was around seven years old.
He described incidents in a washroom and bedroom, telling the court he tried to make himself sick “so he wouldn’t want me” and that he feared being penetrated before managing to escape.
A third alleged incident involved the accused trying to force entry to a bathroom. The court heard the complainant did not disclose the alleged abuse until years later, eventually telling his wife before their wedding after experiencing flashbacks.
He later confronted the accused, who he claimed apologised, something the accused denies.
The alleged victim admited to the court that he had wanted to kill his brother. He said he believed that if he shot and killed his brother it would “wipe his mind clean”.
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“I didn’t do anything. I got counselling and now I’m here doing things the right way,” he concluded.
Family members, including the complainant’s wife, mother and siblings gave evidence. Their mother told the court she was in “complete shock” and told the accused “shame on you” during a phone call, which the accused accepted took place but disputed the contents.
The complainant’s and accused’s sibling gave evidence of an incident in their shared bedroom, where they alleged the accused masturbated while the accused was beside them in bed, but said no physical contact occurred.
Another sibling told the court they were shocked when the allegations were disclosed to them.
The accused also gave evidence, denying all allegations.
In his closing address, counsel for the prosecution, James Kelly BL, told the jury that cases of this nature are often carried out in private and do not involve independent witnesses, stating that children are not abused “in the street but in areas of privacy”.
He said it is common for victims to delay reporting such matters and that people can “bottle things up for several years”, pointing to evidence from those the complainant later confided in.
Mr Kelly said the evidence in the case is what was given by witnesses and not what was suggested in questioning, adding that the jury must decide whether they accept the complainant’s account.
He told the jury that the accused’s denial does not in itself amount to reasonable doubt and described the central issue as a straightforward one.
In his closing speech, senior counsel for the defence, Feargal Kavanagh, said it was a significant case for both parties and urged the jury to carefully examine all of the evidence.
He said the role of the defence is to test and probe the evidence and “fill in the blanks” so the jury has a full picture.
Mr Kavanagh reminded the jury of the presumption of innocence and that they must be satisfied beyond reasonable doubt before convicting.
He warned against decisions being influenced by emotion, describing the case as “emotionally draining”, and said people can sometimes be moved in a way that affects judgment.
He pointed to aspects of the complainant’s behaviour, including delays in reporting and interactions over the years, and said these were matters the jury could consider.
He also raised concerns about the serious consequences for the accused if convicted.
The jury deliberated on Friday, April 24, 2026, retiring in the evening without reaching a unanimous decision.
They returned on Tuesday, April 28, after being directed by Judge Sinéad Ní Chúlacháin to consider a majority verdict, but the jury was unable to reach a verdict, resulting in a hung jury.