A former soldier who served twice in Lebanon has been jailed for four years for sexually assaulting two sisters. Judge Cyril Kelly imposed two consecutive terms of two years on the 35-year-old man whom he heard was of limited intelligence.
He directed that the defendant be brought back to court on December 14th, 1998 for the purpose of a court order that he serve the balance of the sentence in a residential treatment unit as advised by specialists and social workers. There would be no question of the balance being suspended.
Judge Kelly said: "His limited mental capacity disturbs me and while I must reflect the seriousness with which the court considers these offences I am not sure that jail in the long term is the proper setting for this defendant."
Dublin Circuit Criminal Court was told the defendant had an exemplary Army record but had to retire three weeks ago because of the case. He once had to be repatriated from Lebanon because his wife, who is also of low intelligence, could not cope with their children. She is now pregnant again.
The father of three pleaded guilty to committing six offences on dates in 1995. The victims were his nieces then aged seven and five years.
Garda Angela Walsh agreed with Mr Bruce Antoniotti SC, defending, there was no physical injury to the victims. The defendant expressed his guilt from the start, as well as remorse and embarrassment. He said he could not understand why he did it.
A psychologist told the court the man's behaviour did not fit into the usual paedophilic criteria. A paedophile would not admit his offending and would try to minimise it.
Mr Antoniotti said his client's family would suffer extremely if he was jailed.