An army sergeant who sexually abused his wife’s young niece over a period of six years has been jailed for seven years.
Anthony Canning (74) of Fadden, Carrig, Birr, Co Offaly pleaded guilty at the Central Criminal Court to two charges of indecent assault, three charges of sexual assault and one charge of oral rape of Celine Daly on dates between December 21st 1987 and December 1993.
James Dwyer SC prosecuting said that Ms Daly, who was between seven and 13 years old at the time of the offences, wished to waive her anonymity in the case so Canning could be named.
Canning, who was married to Ms Daly’s aunt, was between 37 and 43 years old during the abuse, which took place in his home.
Ms Daly read her own victim impact statement which said “I stand before you not as a victim but as a survivor.”
“I may become emotional, but that is because I am finally being heard.” She described her home as happy and safe and that she did “not know fear, but that changed when I was seven”.
She said the defendant was in a “trusted position in our family” and “you used this position to gain access to me”.
“ I held myself back, and I lived in fear, but not anymore”. She said the abuse “left a lot of emotional scars which no one can see”.
“I would not have been able to get through this if not for my partner. I have learned to trust again, but it is not without its struggles.”
The woman described, “feeling safe for the first time in her life since I was seven, and this is a strange feeling for me”.
The woman concluded by saying, “I can now see that I played no part in this and that it was not my fault but yours. I finally feel that I can be heard and believed. The night I spoke to the gardai changed my life. I hope now you feel the shame and guilt I have lived with all my life”.
Mr Justice Tony Hunt said: “I hope that giving this statement will help you heal and move on with the rest of your life.”
He said Ms Daly’s victim impact statement spoke “squarely and directly” as to the long term effects of sexual abuse but also the “positive impact” of making a disclosure to gardaí.
“A successful outcome can transfer the burden of shame and guilt back to where it belongs on the shoulders of the accused,” Mr Justice Hunt said.
He set a headline sentence of 10 years, taking into account the age disparity between Canning and Ms Daly and the fact that the abuse occurred in what was “effectively an extension of her home” adding that a child should feel safe visiting the home of a relative.
Mr Justice Hunt said the offences represented a “serious misconduct towards a young family member over a significant period of time”.
He acknowledged that Canning had pleaded guilty which was of significant benefit to Ms Daly and said it would have been “traumatic” for her to have retell the details of the abuse to a jury of 12 strangers.
Mr Justice Hunt acknowledged Canning’s previous good employment record and lack of previous convictions before he imposed a seven-year jail term on the offence of oral rape.
Detective Garda James Kingston told Mr Dwyer that Ms Daly was seven years old when Canning first began to abuse her.
He said Ms Daly would regularly call to Canning’s home most Saturdays and recalled that she would be alone in the house with him. She later told gardaí the abuse initially involved Canning touching her breasts and vagina.
The court heard that Canning was on a tour of duty in the Lebanon around this time.
Ms Daly also told gardaí that during the final incident of sexual abuse Canning forced the girl to perform oral sex on him. She said she was 11 or 12 years old at the time and Canning instructed her what to do.
Ms Daly disclosed the abuse to a friend as a young teenager when she was staying over in their house. It was later reported to the gardaí and Canning was ultimately taken in for questioning in April 2021.
Canning told gardaí that he had spent his childhood in an orphanage and had served in the defence forces, having gone on four tours of duty in the Lebanon.
He initially denied the allegations but later admitted that he had touched Ms Daly. He claimed he did not touch her sexually.
Canning was due to stand trial in February this year, but pleaded guilty before a jury was selected.
Det Gda Kingston agreed with Coleman Cody SC, defending, that his client has not come to garda attention before, co-operated with the garda investigation and always complied with his bail conditions.
Mr Cody read a short letter of apology from his client to the court: “I wish to apologise to you and your family for all the pain and stress that I have caused you.”
Mr Cody said there is a very positive probation report before the court, which places his client at low risk of re-offending. He outlined that the defendant has shown remorse for his actions and entered a guilty plea.
Counsel said his client was enlisted in the army for nearly 37 years and was a sergeant, doing four tours abroad. He said his client had problems with alcohol in the past but has now been sober since 1997.
Counsel said that on foot of these charges and the investigation, his client has suffered from anxiety and depression and made an attempt to end his own life. He said apart from these matters, he has never come to garda attention. He is supported by his ex-wife, partner and children.
He asked the court to consider allowing some hope for his client during the construction of a sentence and to consider suspending part of the sentence.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.
