Man accusing brother of sexual abuse tells trial he planned to kill him before getting counselling

By Darragh McCann, The Wicklow People

A trial into allegations that a man sexually assaulted his younger brother more than 40 years ago has heard that the younger brother planned to kill the accused to “wipe his mind clean”, before turning to counselling.

The defendant, who cannot be named for legal reasons, appeared at day two of his trial at Wicklow Circuit Criminal Court on Wednesday, April 22.

He has entered a plea of not guilty to two counts of indecent assault.

On day one, Tuesday, April 21, the court heard evidence from his younger brother, the complainant, who alleges he was sexually abused by his older brother at their family home more than 40 years ago.

The alleged victim, who was around seven years old at the time, told the court the accused carried out three separate alleged assaults in and around their house.

He described an alleged incident in a washroom after cleaning his football boots, where he said the accused entered behind him, placed his hand on him and instructed him to perform a sexual act.

The complainant said he tried to make himself sick "so he wouldn’t want me".

On a second occasion, he alleged the accused brought him into a bedroom and got him into the bed.

He told the court he feared being penetrated and "squeezed my butt cheeks together so nothing would happen", before escaping by saying he heard someone in the house.

A third alleged incident involved the accused trying to force entry to a bathroom, prompting him to flee out a window. The court heard he did not disclose the alleged abuse until years later.

The trial continued on Wednesday with the complainant’s cross-examination by senior counsel for the defence, Fergal Kavanagh, instructed by Barry Kenny Solicitors.

He asked the complainant if he had many interactions with the defendant since he disclosed the alleged abuse to his wife, showing him a picture of the pair together at a football match.

The court was told that the complainant met the accused at family parties and weddings, but that he did not attend many due to the accused being involved.

Mr Kavanagh enquired if the complainant was aware of the accused’s first partner and a situation involving an alleged drug addiction. He further asked the alleged victim what his “attitude to drugs” was.

“There is usually a story to somebody who is using drugs,” said the complainant.

On Tuesday, the complainant had testified that following a family gathering, he later confronted the accused during a walk, telling him: “People think I’m a lunatic, but you abused me.” The court heard the accused allegedly responded by offering to go to gardaí.

Defence counsel enquired on Wednesday why he did not take the accused up on that offer, before telling him “the ball was in your court”.

“I wasn’t ready to disclose anything. I was trying to keep it a secret from my parents. I had a war in my mind to keep it a secret, unfortunately I didn’t make it,” said the alleged victim.

Mr Kavanagh stated that he was aware of a plot by the complainant to kill his brother after their parents passed away.

The complainant said he was in turmoil and believed that if he shot and killed his brother it would “wipe his mind clean”.

“I didn’t do anything. I got counselling and now I’m here doing things the right way,” said the alleged injured party.

Mr Kavanagh alleged that at a family funeral, the complainant asked the accused for his hotel room key, where the funeral was being held, so he could “take cocaine”, and that the accused refused as he had “stayed away from family members who use drugs”. The complainant strongly denied this version of events.

During cross-examination, defence counsel asked the complainant if he had recently visited a friend in prison and what his connection to him was. The complainant stated that he has no criminal record and no links to criminality.

However, he said he could have been easily led into that life of crime, but that his friend would always tell him when they were younger, “it’s your time to go home”. He admitted that he has visited him in prison, but stated that he never discussed the allegations with his friend.

On day one, the court had heard that the complainant is a successful businessman. Mr Kavanagh asked on Wednesday if the accused had ever loaned him money for a business opportunity.

The complainant told the court that he received a small business loan from several members of his family, including the defendant, but that he repaid them all.

Defence counsel asked whether it would be beneficial for the accused not to seek repayment “to keep the complainant sweet”. “You can’t put a price on what I went through for the last 40 years,” replied the complainant.

Mr Kavanagh finished his cross-examination by asking the complainant how he would describe his relationship with his brother.

The alleged victim said he did not have a close relationship with the accused, but added: “If we met up, I would always be civil. I never said bad things about him.”

He told the court that the accused was “good enough” to lend him money, which he later repaid.

His wife testified that she recalls the alleged victim telling her about three incidents, but also recalled him meeting the accused prior to their wedding so “he could move on with his life”.

Counsel for the prosecution, James Kelly, asked her if she was aware of her husband’s drinking habits. She stated that he was never an alcoholic, but incidents on TV, such as dramas or news reports, would “trigger his intrusive memories”.

During cross-examination, defence counsel asked how soon after meeting the complainant she was aware he used alcohol and drugs. She stated that he took drugs occasionally to escape his trauma, including cocaine.

Mr Kavanagh enquired about the alleged victim’s behaviour while intoxicated. “He wasn’t a different person on cocaine, he was just more outgoing,” said the complainant’s wife.

She added that the complainant only took it socially, but that he was on a “self-destructive cycle”. The complainant’s wife told the court that he had attended three different therapists, as she believed he had “buried his memories”.

Each period of counselling “lasted a period of time” before he would move on and find another counsellor.

The court heard she felt he had been given “enough tools to move on”.

When asked about the complainant’s temperament, she said she did not believe he would ever have told anyone about the alleged abuse.

The mother of both the accused and the complainant gave evidence that when the alleged victim told her what had allegedly happened, she was in “complete shock”.

She said that the day after she found out, the accused called her, and she told him: “I heard you were with the gardaí yesterday, shame on you”, before he hung up.

She noted that she has not spoken to him since that conversation and has since cut him out of her last will and testament, as she was “very upset”.

Mr Kelly asked a sibling of both men about the sleeping arrangements in their childhood home. They stated that the complainant shared a room with other siblings, while they had shared a room with the defendant.

The sibling recalled an incident in which the accused allegedly masturbated while they were in bed.

It was noted that “he was old enough to know what was happening”, adding that they had never had a finger laid on them by the accused.

On a separate occasion, the sibling recalled an incident involving the washroom. They alleged that they came home after being out with friends and had asked their mother where their siblings were.

They said they remembered the door being locked and, when it was opened, the complainant rushed out. The sibling then asked the accused what they were doing. “He told me they were play fighting,” said the witness.

During cross examination, Mr Kavanagh, asked the witness about when they first contacted gardaí, with the court hearing that they did so after considering the matter and believing it was relevant.

The witness was asked when they first became aware of the allegations and told the court they later travelled to Europe on holiday, giving a second statement to gardaí seven to eight months later.

Mr Kavanagh also questioned the witness about any history of addiction and whether they had disclosed any previous convictions.

The sibling told the court they had no issues with addiction, but accepted they had previously come before the courts. The witness stated they had relapsed due to the allegations, but the sibling remarked that the drug use is recreational.

The trial continues with further witnesses on Thursday, April 23