A retired cameraman who sexually assaulted his teenage stepdaughter 30 years ago in an “egregious breach of trust” has been jailed for 12 months.
Tony Byrne (66) of Carriglea Court, Firhouse, Dublin 24, was found guilty by a jury last month of one count of sexually assaulting Donna McCarthy, then Byrne, at the same address on May 10th, 1992.
Ms McCarthy previously waived her right to anonymity to allow Byrne to be named.
The court was also told that Byrne retired last year and had worked as a cameraman for RTÉ and Virgin Media.
Apology
Finalising the sentence on Wednesday, Judge Elma Sheahan noted that while Byrne denied the charge, gave evidence and instructed counsel during the trial, he now accepts the verdict of the jury and has offered an apology to Ms McCarthy.
The judge said she hoped Ms McCarthy receives “some measure of comfort” from Byrne's acceptance of the verdict and his apology “even at this late stage”.
Referring to the victim impact statement, the judge said Ms McCarthy had “suffered above and beyond the assault itself” and “feels the loss of her close family”.
Ms McCarthy has “lost more than the peace of mind and innocence she was entitled to as a teenager”, Judge Sheahan added.
She said this was an “egregious breach of trust” because Ms McCarthy had believed Byrne to be her biological father. Judge Sheahan noted that Byrne was “in truth, her de-facto father”.
She handed Byrne a 14-month prison sentence, with the final two months suspended to acknowledge the remorse expressed.
At an earlier sentencing hearing, Det Garda Aine Bolton told Fiona Crawford BL, prosecuting, that the victim made a complaint to gardaí in October 2019, in which she said she was sexually assaulted by Byrne at the family home when she was 16.
During a previous hearing, the court heard that Ms McCarthy felt uncomfortable in the family home before the incident due to comments Byrne made when her mother wasn't present.
On the night in question, Ms McCarthy had gone home after attending a christening party at a neighbour's house. Byrne was downstairs in the sitting room, while her mother returned to the neighbour's house.
The victim went to her bedroom, then Byrne came upstairs and got into the bed beside her. He put his arm around her, then put his hand on her knee before moving it up her leg. He touched her in the area of her vagina and breasts outside her clothing.
The victim got out of bed and ran to the neighbour's house, crying and upset. She told her mother and another person that “Dad got into bed with me.” Her mother then took her home.
Strained relationship
The court heard there was conversation in the house the next morning, during which Byrne got upset. The victim remained in the family home until she was 21, but relationships were strained.
The court heard Ms McCarthy thought Byrne was her father; however, a DNA test showed this was not the case. A victim impact statement was handed to the court but not read aloud.
Byrne gave a voluntary interview to gardaí, during which he answered some questions. Det Gda Bolton agreed with Ms Crawford that Byrne suggested to gardaí that the complaint was “revenge” on him and her mother.
She agreed with James Dwyer SC, defending, that while Byrne denied the complaint, he cooperated with gardaí. She also accepted Byrne apologised to Ms McCarthy the day after this incident and became upset when he learned she had been upset. She agreed that Byrne then continued to have a role in the victim's life.
Det Gda Bolton also confirmed that Byrne has been in custody since the end of the trial and has not been the subject of similar investigations.
Father of four
Mr Dwyer told the court that Byrne is a father-of-four, and three of his children and his wife, who is the mother of Ms McCarthy, were in court to support him.
A letter from Byrne was read to the court, in which he said he accepts the jury's verdict and apologised to Ms McCarthy. A number of references from other family members and friends were also handed into the court.
Mr Dwyer told the court that this was a “very serious” offence due to the breach of trust and age disparity between his client and the victim. However, he suggested it was a “one-off” offence in an “otherwise blameless life”.
Mr Dwyer acknowledged his client had not entered a guilty plea, but told the court there are “significant” factors that can be taken into consideration as mitigation.
He asked Judge Sheahan to consider his client's expressions of remorse, family support and work record. His client is a “community man” and is “otherwise someone of good character” who will be added to the sex offenders register, defence counsel said.
On Wednesday, Judge Sheahan said she would take into consideration as mitigation Byrne's expressions of remorse, the support of his wife and family, his work history and his “previous good character”.
She noted he also has the support of friends, though she suggested some testimonials were from people, outside the immediate family, who were “unaware” that Byrne now accepts the sexual assault occurred as described in Ms McCarthy's evidence.
Judge Sheahan noted that the most significant mitigation of a guilty plea was not available in this case and that the maximum sentence open to the court is five years.
She said the aggravating factors include the breach of trust and the age disparity between Byrne and the victim.
She set a headline sentence of 18 months, which she reduced to 14 months taking the mitigation into account. She backdated the sentence to the date Byrne entered custody.
Judge Sheahan said the court considered the custodial threshold had been reached in this case. She noted that the trial process is “challenging and a deeply upsetting experience” which the victim in this case had to go through and would have “added to the harm experienced”.
She added that Ms McCarthy's participation in the trial “speaks volumes” of “her strength in the face of the defence mounted.”
