A CO CLARE jury is to continue its deliberations this morning in a case where a 92 year Co Clare man denies indecently assaulting two young orphaned sisters more than half a century ago.
At Ennis Circuit Court yesterday, counsel for the State, Sarah Jane Comerford BL told the jury that the accused paying out a settlement of €70,000 to the two women two years ago over their sexual abuse claims is evidence it can rely on of the man’s guilt.
Ms Comerford further told the jury that perhaps the accused believed that the €70,000 payout “might put an end to the matter”.
In the settlement of a civil case in 2024, the jury has heard that the accused – then aged 90 – paid out €30,000 to each sister and paid out an additional €10,000 in legal costs to their solicitor.
Ms Comerford said that the accused was also aware that there was a criminal investigation ongoing at the time of making the €70,000 payment in November 2024.
Ms Comerford told the jury you have to ask yourself “would you ever pay €70,000 to two people about allegations of a sexual nature where there was a criminal investigation if you didn’t do it?”
Ms Comerford said that at the time the accused “perpetrated these offences he was a quasi father figure to these two young girls who were orphaned and were vulnerable”.
Ms Comerford said that the two complainants in the case “had a tragic and complicated start to their lives”.
The two girls had lost both parents by the time they reached the age of five and four.
In the case, the accused denies eight counts of indecently assaulting the two young girls on dates from July 1st 1973 to January 31st 1975 with two counts related to the younger sister and six concerning the older sister.
The accused man at the time of the alleged offences was aged between 39 and 40.
Ms Comerford told the jury that they could convict the accused based on the clear memories of the two complainants; the mutual support of each other’s accounts; that they told each other of the indecent assaults in 1987 and the payment of €70,000.
She said that the accused man’s wife was in the same bed when the indecent assaults occurred.
Ms Comerford said that the two complainants had made a pact that they would not make a complaint to Gardai concerning the indecent assaults until after the accused man’s wife died.
The woman died in late 2023 and Ms Comerford said that the reason that two held off telling the Gardai until the death of the accused man’s wife was because “they loved her and they wanted to protect her”.
Ms Comerford (instructed by State Solicitor for Clare, Aisling Casey) said that the woman was god-mother to one of the girls and she was the person who took them in after their parents died.
She said that “this is not a concocted or fabricated story” they have made up after the woman died.
Counsel for the accused, Patrick Whyms BL (instructed by solicitor Daragh Hassett) said he has never come across a criminal case “where the complainants work together to ensure that a crucial witness is unavailable while just waiting out that person’s death”.
Mr Whyms said that the complainants knew that the accused man’s wife had expressed a view on the alleged indecent assaults that was completely and fundamentally hostile to their version of events.
Mr Whyms said a problem in the case is the delay in bringing the charges where the complainants were talking to each other 40 years ago about the issues but were not talking to the Gardai about them.
Mr Whyms said that the prosecution has benefited from the delay in the complaints being made.
He said that it can’t be fair that the complaints have been left 50 years and expect his client in his current age to recall details to defend himself against the allegations.
Mr Whyms said that the €70,000 was paid out without an admission of liability.
He said: “Here you have a 90-year old man at the time in 2024 approaching the end of his days where his wife has just died and this thunderbolt comes at him.
“He consults a solicitor and decides to see if it can be negotiated and it turns out it can apparently go away for €70,000.
“It was clearly on the basis of no admission of liability and I submit that this does not assist you in determining liability in this case.”
The jury commenced their deliberations just before 4pm on Tuesday and deliberated until 5pm.
When asked had they agreed on any of the eight counts, the foreman replied ‘no’ and the 11 members of the jury are to recommence their deliberations on Wednesday morning.
