A FORMER Christian Brother has had his one-year sex assault sentence deferred after he was granted leave to appeal by the Court of Criminal Appeal.
Paul Farrell (53), of Kinvara Road, Dublin 7, was sentenced earlier this month after a Dublin Circuit Criminal Court jury convicted him of indecently assaulting a 15-year-old boy at an institution in Galway 20 years ago. The jury took just over three hours to reach its majority verdict after a two-day trial in June.
Farrell had pleaded not guilty to two counts of indecent assault on dates between November 7, 1980, and March 31, 1982, when he worked as deputy director of St Joseph's, in Salthill, Co Galway.
Judge Patrick McCartan refused leave to appeal when he passed sentence on July 23 last but allowed Farrell to remain on continuing bail while his legal advisers applied to the Court of Criminal Appeal for leave to pursue the issue there.
He was told that the Court of Criminal Appeal had now granted Farrell leave to appeal and deferred the issuing of the warrant for his committal to prison pending the outcome.
He said the jury had accepted the now 36-year-old victim's evidence of what was a violent assault on one day and a custodial sentence had to be imposed.
Judge McCartan said he took into account that there had been a considerable lapse of time since the offence and also the very strong character evidence and testimonials which clearly indicated that Farrell had contributed substantially to the community over the years.
The victim said Farrell sexually assaulted him when he took him for a drive after he returned from a long weekend.
He told defence counsel, Felix McEnroy SC, he had good memories of St Joseph's and denied making up the allegations after consulting with his social worker many years later.
The social worker denied to Mr McEnroy that he had some form of agenda against St Joseph's following an altercation there when he was training with the Western Health Board.
Farrell told the court he didn't know why the allegations were being made but that if the injured party secured a conviction it would open the door for him to pursue a civil action against him or St Joseph's.