The release of a man after serving less than one third of a prison term for child abuse should be appealed by the Director of Public Prosecutions, the Dublin Rape Crisis Centre has said.
The man's victim, a 38-year-old garda who was abused in his youth by the local garda sergeant, has described himself as greatly hurt by the release of his abuser after almost seven months of a two-year prison term.
Former Garda Sgt Michael Doherty (68), of Ballina Road, Swinford, was released at the Circuit Court in Sligo yesterday after Judge Carroll Moran suspended the remainder of the sentence.
Afterwards, Mr Doherty's victim, Garda Joseph Sheerin, who is based in Kiltyclogher, Co Leitrim, said that he felt that a comprehensive probationary report should have been before the court.
The only report before the court was from a deputy governor of Castlerea prison which said Mr Doherty was of good behaviour while serving his sentence there. There was no sex therapy programme in place at the prison, the court was told.
The matter had been adjourned for review from November to Tuesday of this week when Judge Moran requested a report from the prison authorities in relation to how the accused had got on in custody.
Mr Doherty was sentenced to two years after pleading guilty to two counts of indecent assault and two of buggery on Garda Sheerin, who was aged 11 at the time the abuse began in 1972. It lasted until he was 16.
Mr Doherty was a trusted friend of the Sheerin family and was based in Aclare, Co Sligo.
Ms Olive Braiden, director of Dublin Rape Crisis Centre, yesterday described Mr Doherty's release as "completely unjust". Only a week ago, the Minister for Justice said sexual offenders would not get early release, she said. The release is "very discouraging" to other victims. Ms Braiden also called for a sentencing policy on sexual offences, saying that the original two-year sentence was too lenient and should have been appealed. The probation and welfare officers' branch of IMPACT last night called for more treatment programmes for sex offenders. The treatment programme at Arbour Hill prison is to be augmented by another programme at the Curragh. But the press officer of the probation and welfare officer's branch, Mr Patrick O'Dea, said a further programme should be located either at Castlerea or at Wheatfield prison. This would bring the total number of places to 30, which is the number his members estimate are needed, he said. A programme in the community could be used for sex offenders who had not gone to jail or for those who had been released, he said.
After Mr Doherty's release, Garda Sheerin said he believed probation reports should be submitted to courts prior to any accused in these type of cases being released. "I didn't have any access to the report that was submitted today but from where I was seated, I could see that it was on one page and contained only one paragraph. If that is how the State deals with making up a report on a paedophile who abused a child for six years, then I feel very, very hurt and I would expect other victims throughout the country would feel the same," he said.
Garda Sheerin revealed that his solicitor would be making contact with the DPP to inquire if an appeal would be lodged against the original two-year sentence.
Judge Moran said the accused, who had suffered from depression in prison, now had the stigma of being called a jailbird. Referring to a similar case before the Court of Criminal Appeal where a five-year term was reduced to six months, Judge Moran commented that his hands were tied. He suspended the balance of the sentence for two years and the accused was released from custody.