Defence counsel has told the trial of a former teacher accused of sexually assaulting six young men that his client's decision to initially lie to gardaí was partly because he was “terrified out of his life by the ramifications” of the allegations.
The 59-year-old man has pleaded not guilty at the Central Criminal Court to one count of attempted anal rape and eight counts of sexual assault in relation to six complainants on dates between March 1991 and November 1997 at locations in Co Dublin.
The man was in his 30s at the time of the alleged offences, while the six complainants were then aged between 17 and 24.
Michael O'Higgins SC, defending, told the jury in his closing speech that it would not be “unreasonable” for them to be “sceptical” of what his client says was “opportunities to tell the truth” which he “spurned”.
He said this was a “self-created” difficulty for his client, but suggested the jury consider if there is “independent” evidence which may offer support to his account of events.
Mr O'Higgins said the defence position is that “it was outrageous to go and be interviewed and to positively assert that which he knew to be untrue”.
He said while there may be an “element of self-preservation” in his client's decision, he “also said he was terrified out of his life by the ramifications” of the allegations.
Mr O'Higgins noted that people lie, and while his client has lied, this “does not mean, and could not mean, that you can’t take what he says on board and give it the scrutiny it deserves”.
Defence counsel said his client has acknowledged his contact with some students was “completely inappropriate”, and further suggested his client fulfilled other facets of the role of a teacher “well”.
“No doubt there was a weakness here, that has resulted in calamitous consequences”.
Maturity
Mr O'Higgins suggested “not everyone is the same level of emotional maturity”.
“There are 18-year-olds going on 12, middle-aged men – some very successful in their careers – going on 12, but there are also 18-year-olds going on 30,” counsel said.
He suggested that a person's level of emotional maturity and their physical age may not match, adding that his client was “not very mature”.
He also asked the jury to consider if there are inconsistencies in the evidence given by the six complainants regarding the alleged incidents.
Mr O'Higgins suggested to the jury that they must also consider the background circumstances, including the difficulties which gay people faced in Ireland during the 1990s.
Earlier, closing the case on behalf of the prosecution, Anne-Marie Lawlor SC told the jury they must put aside any sympathy they may feel and look at the evidence dispassionately.
She told the jury that “cases aren’t about goodies and baddies, they are not about dividing us into piles.... they are about ascertaining and finding out the truth”.
She told the jury they must consider if the accused man sexually assaulted the six complainants and attempted to anally rape one of them.
Ms Lawlor asked the jury to consider whether “there is an inherent unlikelihood that several people would make similar allegations” against the same person.
She continued by saying that there is “an implausibility of a number of people making up the same allegation against one person”.
Prosecuting counsel suggested it was a “significant” factor that the accused “made a very considered and deliberate decision to lie repeatedly to gardaí” for “no reason but to protect himself”.
She noted that there was an age disparity between the accused and the complainants at the time.
She said consent is a “real issue” in this case and that each of the complainants had a “legal capacity to give consent”.
However, “in five of these incidents, each individual told you they woke up to sexual engagement they hadn’t consented to as they were asleep,” Ms Lawlor said, noting that people who are asleep cannot give consent.
She noted the accused was a teacher, and the prosecution says there was “a pattern of inappropriate engagement” between him and the four complainants, who were then students.
She said the complainants had each given “compelling” and credible evidence about the alleged incidents. She asked the jury to consider if any of them had come to tell them a “pack of lies”.
Ms Lawlor also noted that the difficulties of being gay in Ireland during the 1990s had been mentioned during the trial, and asked the jury to carefully consider if this is relevant to their considerations.
Mr Justice Alexander Owens has started his charge to the jury, which is expected to continue on Thursday.
The trial continues.
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.
