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| Priest Cleared of Indecent Assault at Cork Boarding School
By Barry Roche
Irish Times
May 13, 2014
http://www.irishtimes.com/news/crime-and-law/courts/priest-cleared-of-indecent-assault-at-cork-boarding-school-1.1793629
A former teacher at a boarding school run by the Missionaries of the Sacred Heart has been cleared of indecently assaulting a teenage boy at the school in the 1980s after a judge said he could not be sure beyond reasonable doubt that the assault happened.
Fr Liam O達rien (66) of Woodview, Mount Merrion Avenue, Blackrock, Dublin had denied a single charge of indecently assaulting the then 14-year-old boy in a toilet at Colaiste an Chroi Naofa in Carrignavar in Co Cork in the mid -1980s.
The complainant told Cork District Court that he had asked permission from Fr O達rien to go the toilet during supervised study and he was in the cubicle when he heard a knock and opened the door to find Fr O達rien outside.
He said Fr O達rien gestured towards him to show him his penis and Fr O達rien unzipped his pants, took out his penis and looked him in the eye before leaving him go and walking away. Fr O達rien said nothing, the complainant told the court.
Fr O達rien took the witness box to say that he knew the complainant as a boy at the school in the mid 1980s and while he accepted there was no reason why the complainant would tell untruths, he denied the incident ever happened.
Judge Tim Lucey noted the alleged offence happened 30-years-ago and he noted a submission by defence solicitor, Michael Staines, that Fr O達rienwas at a disadvantage in defending something so long ago after only learning of the complaint in 2012.
In effect, the case amounted to the complainant痴 word against that of Fr O達rien and he had to be certain beyond reasonable doubt that an indecent assault had occurred before he could convict, said Judge Lucey.
的t is the defendant痴 rights I have to be most careful of. The complainant has rights in other tribunals but this is criminal law and I have to be very careful. It has to be proven beyond reasonable doubt. That is a very high bar to get over.
的 am not satisfied the case has been proven beyond a reasonable doubt,� said Judge Lucey, adding that something may well have happened but he could not convict on the evidence before him and he dismissed the charge.
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