Suspended sentence for bus driver over child sex assault

Brendan Joyce (68) of Doohulla, Ballyconneely, indecently assaulted his neighbour’s child, thirteen-year-old Catherine McEvoy, contrary to Common Law and as provided for by Section 10 of the Criminal Law (Rape) Act 1981.

The victim waived her right to anonymity at Galway Circuit Criminal Court so that Joyce, who committed what Judge Brian O’Callaghan described as a ‘grotesque offence’ when he was 30 years old, could be named.

In April, after a four-day trial, a jury returned a unanimous guilty verdict on the charge against Joyce who the court heard still refused to acknowledge his wrongdoing.

Garda Barry Maguire said the defendant, now a married father of a teenage son, had led his victim to a field near her home on a date between June 1 and September 30, 1984, where he carried out the assault.

He said Joyce had touched her around her genitals and attempted to digitally penetrate her before she kicked him and managed to break free, returning home to alert her mother.

Ms McEvoy made a complaint to gardaí in 2019 and Joyce was arrested and interviewed, but “wasn’t of any assistance”, said Garda Maguire.

In her victim impact statement, which she read to the court, Ms McEvoy recalled how “on a beautiful summer’s day 35 years ago”, Joyce lied to her and her siblings so he could separate them and “bring me to a secluded place and molest me”.

“Part of me died that day down the bog,” said an emotional Ms McEvoy.

She said what Joyce had subjected her to had cracked the foundations of her family and changed their “understanding of normalcy and decency”.

Ms McEvoy said she had been left with a very dark and deep depression that stayed with her for years and that Joyce’s arrogance and continued lies were shocking.

“You chose to harm my life for your own sexual gratification,” she said.

The court heard that the victim’s mother had spoken to Joyce’s mother after the assault occurred, and following that, the offender’s mother had instructed him to stay away from Ms McEvoy.

Judge Brian O’Callaghan said that was, as Ms McEvoy put it, “the way things were done in those days”.

Referring to her victim impact statement which he described as ‘most impressive’, the Judge said: “You put no blame on those two ladies, the offender’s mother and your mother.”

Judge Brian O’Callaghan said what Joyce did was “nothing short of despicable”.

During the course of his engagements with the Probation Service, Joyce referred to his mother telling him to stay away from the victim.

“This court is entitled to infer this man knew exactly why his mother told him to stay away from Ms McEvoy,” said Judge O’Callaghan, which he said made the court particularly comfortable with the jury’s decision.

He said the maximum sentence he could impose was two years in prison due to the law at the time the offence occurred.

“Thankfully, the law has been updated since,” said Judge O’Callaghan.

Joyce was placed on the Sex Offenders Register following his conviction.

The court had to impose sentences on a scale based on the seriousness of the crime – and due to the antiquity of the offence, that scale was limited, said Judge O’Callaghan.

“Regretfully, this court has seen much more serious cases of sexual abuse come before it,” he continued.

The maximum proportionate headline sentence he could impose was one year in prison, reduced by two months to ten months, taking into account that this was Joyce’s first offence and he was at low risk of reoffending.

The Judge said the court had to consider if sending the offender to prison for what, ‘in effect’, would be four or five months was the best approach to take and in the circumstances, he said he didn’t believe it was.

However, he said he wanted to force Joyce to recognise the harm he had done and said he would suspend the ten-month sentence for two years provided he paid €20,000 in compensation to his victim.

He said the money was “in no way valuing the hurt” and would not prejudice any other rights the victim had.

“He either recognises the victim and pays that compensation, or he goes to prison,” said Judge O’Callaghan.