Bringing a sex abuser to justice in a foreign court

At a time when certain gardaí in the north-west are under scrutiny at the Morris tribunal, the exceptional work of other gardai…

At a time when certain gardaí in the north-west are under scrutiny at the Morris tribunal, the exceptional work of other gardai has gone unnoticed, writes Carol Coulter, Legal Affairs Correspondent.

Last month a man was sentenced in the German court to a total of 40 years imprisonment for the sexual abuse of his daughter. He will serve 10.

The successful outcome of the case was the result of the courage and tenacity of the young victim, the painstaking gathering of evidence by two gardaí and the presentation of this evidence to the very different German legal system.

Sgt Noel Casey, along with Garda Lucy Lowry, was appointed by the local superintendent to investigate a report that had come from the health board. A man had been accused of sexually abusing his daughter, but she did not want to make a complaint.

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The complaint concerned Anna, then 16, and her father, Peter, who had lived out of the family home since 1991. The allegation was that he had abused her between 1992 and 1995.

"We met up on September 17th 1999 after a few phone calls" explained Sgt Casey. "I explained what was involved in a criminal investigation. I said she would have to make a complete statement. Our job then is to collect evidence.

"The quality of the statement that Anna made was the hallmark of this case. I've rarely come across such an honest and detailed statement. It was full of lots of incidental details that would be hard to rebut in evidence."

"I knew there was no other way," said Anna. "There was really no choice. I had asked my father to admit it and do something to make it better, but he wouldn't.

"We have to get over general and vague terms and go into detail" said Sgt Casey. "It can be very upsetting for the individual. But then we can follow up all the places that are mentioned.

"Peter had a group of friends and acquaintances he used for accommodation. He'd house-sit and rent caravans. These crimes don't have witnesses, so you're looking for as much corroborative evidence as you can. We got a lot that backed up Anna's story."

Peter agreed to be interviewed by Sgt Casey.

"He never admitted or denied the charges. I put the allegations to him and he said he would see a solicitor and then talk to us. Then he left the country and went to Germany."

Sgt Casey did not know at the time that Germany does not extradite its own citizens, and thought he could obtain Peter's return to face the charges.

When he realised he could not do this, he knew there would have to be a prosecution in Germany. He managed to track Peter down and also contacted the youth protection services and the police in Germany.

He travelled to Germany to interview him along with a local police officer. Peter chose not to speak English, and spoke through a translator. Again he would neither affirm nor deny the allegations.

Sgt Casey continued to collect evidence, based on Anna's statement.

Those approached to make statements included people in whose homes Peter had stayed, or who had had some involvement with him at the time.

They were deeply shocked by the allegation, and some of them suffered great distress when they realised they had unwittingly facilitated the abuse of a child.

"I sent the file to the DPP. There was a prima facie case. But we were not sure what to do," continued Sgt Casey.

"So I rang the German embassy and they told me the procedure. I got Anna's statement translated and sent it to Germany. They took everything we had gathered, they did not carry out an independent investigation.

"We went over last December for an initial court hearing before a single judge who questioned Anna. I was there, not as a policeman, but representing Anna as an Irish citizen. I was there all the time for the preparation of the case.

"The judge at this lower court decides if it goes further. Peter was still walking the streets.

"The court was very happy with Anna's and Katrina's statements, and decided to put the case forward.

"A warrant was made out based on the statement. Peter was arrested taking the seven-year-old daughter of his new partner to school, and taken into custody. He did not get bail, because he had fled from Ireland when wanted for questioning.

"A psychiatrist and a psychologist went to see him, and also saw Anna. He would not co-operate with them, though when the trial came close he talked about his own problems. The police tried to talk to him, but he would not answer.

"The trial started on November, We had to get witnesses there from Ireland. There was no obligation on anyone to go, but they did. It was like a military operation getting everyone organised with tickets and so on, and we all travelled over on November 17th.

"The court was made up of two professional judges and two lay judges, who were appointed from a panel, representing the people. Both of them were female.

In Germany judges are trained separately from lawyers, and usually have a Ph D in law.

"They were very gentlemanly. I was welcomed and then politely told to leave, as I was only a witness," Anna continued the story.

"The charges were read out by the state prosecutor. Peter spoke again about his own dreadful childhood, trying to cry a few times. He claimed he was hit by my brother with a broom when my brother was six! He said nothing to the charges. I gave evidence for two and a half hours the next day."

The defence lawyer spoke with Peter, and when the court resumed he made a statement of admission of sorts, in which he said he regretted behaving the way he had, adding that he loved his daughter.

The Irish psychologist gave evidence of the impact of the abuse, and Sgt Casey gave detailed evidence of the dates and locations of the abuse, with maps and photographs.

The German psychologist gave evidence of Peter's personality, including that he could have stopped the abuse if he wanted to.

The verdict was expected the following Monday, and Sgt Casey, Anna and her family and friends gathered that morning.

But to their surprise Peter stood up in court and said he had sacked his lawyer, he wanted a new trial and a new lawyer. He said the lawyer had persuaded him to make the statement.

"The judge said to him: 'Do you know what you're doing to your daughter'?" said Sgt Casey, "and he replied: 'But this is about me'." As the trial continued Peter became highly abusive, and used every manipulative and intimidating technique at his disposal towards Anna.

The judges tried to intervene, telling him not to look at her. "He would remind me of the songs and poems he sang when we were very small," she said.

"He asked, 'are you sure it wasn't a nightmare?' and reminding me of one time I was in hospital."

"Anna became very upset," said Sgt Casey, "but she managed to retell one incident very clearly and in great detail, and that was it. She was excellent.

"The judges adjourned the hearing and came back later. He was found guilty and sentenced to 40 years, which included separate sentences on separate charges.

It was one of the highest sentences given for such offences in Germany. He will only serve ten."

As the case ended a man came forward to thank Anna. It was the grandfather of the seven-year-old daughter of Peter's partner.

He feared that, without her courage in helping to prosecute her father, his granddaughter would have been the next victim.