Man goes on trial accused of sexually assaulting younger brother in Wicklow
The Wicklow PeopleA man has gone on trial, accused of sexually assaulting his younger brother at their family home in County Wicklow more than 40 years ago
The defendant, who cannot be named for legal reasons, appeared at the first day of his trial at Wicklow Circuit Criminal Court on Tuesday, April 21.
He entered a plea of not guilty to two counts of indecent assault.
The case opened with counsel for the prosecution, James Kelly BL, acting on behalf of State Solicitor Brian Robinson, addressing the jury, which was made up of seven men and five women.
Mr Kelly explained the process involved in a criminal trial and outlined the charge before the court. He said the accused has the presumption of innocence before outlining the burden of proof required in a criminal trial compared to a civil case.
He told the jury that in cases of an historical nature there is no CCTV footage, DNA or fingerprint evidence.
A garda from An Garda Síochána’s Divisional Protective Services Unit in Wicklow town was the first witness and introduced multiple exhibits into evidence, including a booklet of photographs of the location where the alleged assault occurred.
The complainant testified that he is from a large family and that the accused, his older brother, was considerably older than him.
He said that the accused, along with another sibling, followed their father into the family trade, but he did not as “he didn’t want to be close to the defendant”.
It was also heard that the alleged injured party was an avid footballer as a child and enjoyed fishing.
He explained that outside the family home there was a washroom used to store a washing machine and other equipment.
The court heard the alleged first assault took place after the complainant went outside to the washroom to clean his football boots.
He told the court he was about seven years old at the time and recalled the accused walking into the room behind him “with a look on his face”, before pulling his trousers down and placing the complainant’s hand on his penis.
“I remember him instructing me to move my hand up and down while he was getting hard,” he said.
It is alleged the accused then asked his younger brother to give him oral sex, moving his head up and down.
The complainant recalled trying to make himself sick “so he wouldn’t want me”. It was noted the alleged incident lasted no longer than 10 minutes and that the defendant was a teenager at the time.
On a second occasion, the complainant alleged the accused brought him into his bedroom and got him into the bed. Mr Kelly noted that the accused was not wearing any pants at that point.
The alleged victim added: “I had to make sure I wasn’t penetrated, so I squeezed my butt cheeks together so nothing would happen.”
The court heard the complainant told the accused he thought he could hear somebody in the house, which gave him time to “diffuse the situation and escape”.
On a third occasion, the accused allegedly tried to force entry to the communal bathroom where the complainant was, forcing him to escape out the window.
The complainant told the court that his wife was not made aware of the alleged abuse until just before their wedding.
He recalled an incident at a family gathering where he was present with the accused, who “was drinking vodka by the glass full”, which led to him allegedly breaking glasses and being asked to leave.
Following this, he spoke to his wife, but initially could not recall what had happened due to his overconsumption of alcohol, which caused her to confront him.
“She thought she was marrying a lunatic,” he said
The court was told he went on a walk to clear his head, when he experienced flashbacks to the alleged abuse. He then returned home and confided in his wife about what had allegedly happened.
Several weeks later, the complainant met the accused for a walk, during which he confronted him by saying: “People think I’m a lunatic, but you abused me.”
The court heard that the defendant allegedly offered to go to gardaí.
In recent years, the complainant met the accused by arrangement for general “chit chat”, which involved an alleged conversation where the defendant told him: “I can’t remember doing anything, but I want to say sorry”, before enquiring who knew about the allegations.
The alleged injured party told him that “nobody knew” and that he intended to keep it that way.
In recent years, the complainant has received counselling and is now a thriving business owner, the court heard.
Mr Kelly informed the court that the accused went to gardaí in 2024.
The complainant had travelled abroad to visit a family member and told them about the alleged abuse, but said he could not attend a family wedding as he had reached “breaking point” and believed he would not be able to stay “composed” if he encountered the accused.
During cross-examination, senior counsel for the accused, Fergal Kavanagh SC, instructed by Barry Kenny Solicitors, handed several exhibits into the court, including photographs of the accused on his communion, where a wall could be seen in the background.
Mr Kavanagh enquired about several locations where the alleged assaults were said to have taken place.
The court was told the complainant has children who have visited the accused’s home and that the accused is also godfather to his children.
Mr Kavanagh asked whether the complainant had struggled with alcohol abuse, to which he replied that “he isn’t an alcoholic, but used to binge drink”.
Senior counsel further asked whether another sibling had any addiction issues, to which Mr Kelly objected, questioning the relevance of that line of inquiry.
The trial continues with further witnesses on Wednesday, April 22, with the complainant’s cross-examination expected to conclude.