Judgment reserved on Patrick Barry’s indecent assault appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal reserved judgment until 23 March 2015 on Patrick Barry’s appeal against 59 indecent assault convictions. The proceedings were reported on 23 February 2015.

He had pleaded not guilty to 67 charges of indecent assault. These concerned 11 women who had attended Moyasta National School in west Clare, with offences alleged between 1964 and 1985.

The jury convicted him on 59 counts; Judge Gerald Keyes directed acquittals on the other eight. At Ennis Circuit Criminal Court on 19 November 2014, Judge Gerald Keyes imposed 11 years’ imprisonment with the final five suspended.

Defence barrister Roderick O’Hanlon SC argued that the indictment’s particulars failed to match the relevant counts, impairing defence and cross-examination rights. He also alleged prejudice because information about people interviewed by gardaí who made no complaint was withheld, alongside complainants’ counselling records.

Roderick O’Hanlon SC said delay had harmed the defence: a teacher whose testimony could have substantially helped had died. Mr Justice George Birmingham recalled a complainant’s explanation: “Who would believe us?” Mr Justice Garrett Sheehan observed that the statements arose from a Garda investigation, distinguishing this case from other delay cases. Counsel accepted that distinction but argued it required greater caution.

For the DPP, Anthony Sammon SC said the defence raised no objection at arraignment, made no application when difficulties emerged during the second witness’s testimony, and did not respond when asked about severing the indictment. Roderick O’Hanlon SC disputed those arguments.

Anthony Sammon SC conceded that greater particularisation could have helped the jury, while maintaining that the indictment satisfied statutory requirements and the judge’s directions were adequate. He said an earlier bail application that term had been rejected.

Mr Justice George Birmingham sat with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon. The court was told that Patrick Barry had poor health and impaired hearing.