EXCLUSIVE | 

Judge who sexually abused six young men says he’s ‘devastated’ for himself and his victims

Circuit Court judge who sexually abused six men makes bizarre comment as we ask if he plans to appeal

Today at 16:42

A Circuit Court judge convicted of the sexual abuse of six young men has made his first public comments since being found guilty — describing himself as ‘devastated’ for both himself and his victims.

But Tipperary native Gerard O’Brien, who was convicted three days before Christmas of the sexual abuse of the six men almost 30 years ago, said he was not yet ready to answer when asked if he now accepts the verdict of the jury.

O’Brien, who remains in receipt of his €177,554 Circuit Court judge’s salary pending his future removal or resignation from the bench and who denied all the charges, is scheduled to be sentenced for his crimes on March 4.

Answering the door of his home in the centre of Thurles, Co. Tipperary on Thursday afternoon, the disgraced judge — who is now a registered sex offender — said he has avoided much of the reaction and commentary in the wake of his trial.

“I haven’t been reading it,” he said.

When asked whether there was any comment he would make in light of the verdicts against him, O’Brien said: “I’m devastated for everybody.

“I’m just devastated for all involved. I wouldn’t want to say any more.”

Pressed on the issue of whether he now accepts his guilt in relation to the charges or whether he plans to appeal, he responded: “I don’t know.

“I’m still trying to absorb it to be honest. I’m trying to absorb it.”

O’Brien, who is missing both hands and a foot as a result of the rare health condition phocomelia, then said he would not be commenting further.

O’Brien pleaded not guilty in the Central Criminal Court to one count of attempted rape and eight counts of sexual ­assault in relation to six complainants, some of whom were his students.

His four-week trial was told the offences occurred on dates between March 1991 and November 1997 at locations in Dublin.

He was in his 30s while his victims were aged between 17 and 24.

O’Brien was teaching in a secondary school at the time of the assaults and four of the complainants were students.

The other two complainants knew him from his home town.

Five of the men said they woke up to find O’Brien performing sexual acts on them to which they insisted they had not consented.

O’Brien would also ask students in the secondary school he taught in to assist him in going to the toilet.

During the trial, the jury heard from many of the complainants that they stayed in O’Brien’s home to help him get dressed and shaved in the morning.

During their evidence, the complainants were each asked why they did not make a complaint to gardai earlier.

Some said they had compartmentalised the incidents.

Others spoke of shame or embarrassment.

The third complainant to give evidence to the jury said he did not want anyone to find out what happened.

“It was an extremely intimate action being taken in a manner I never consented to in the first instance.

“I wanted to keep it to myself,” the complainant said.

The sixth complainant said: “I put it in a block of cement in my mind and I didn’t think about it”.

During his evidence, the sixth complainant told the prosecution that he Googled O’Brien and found out that he was a Circuit Court judge, which was one of the reasons he decided to make a complaint to the gardai.

O’Brien was interviewed voluntarily by gardai and initially denied any sexual contact with all complainants.

In later interviews, O’Brien said sexual interactions had ­occurred with three of the complainants.

In his direct evidence, he said he “lied” to gardai initially because of “shame”.

“The idea of being charged with a sexual assault frightened me beyond reason. I went into a sort of blind panic about it all,” he said.

O’Brien acknowledged that having students at his home and in his bed was “inappropriate” and “should not have happened”.

He gave evidence of sexual contact with three of the complainants but denied any sexual interaction with the rest.

O’Brien did not accept prosecuting counsel Anne-Marie Lawlor’s suggestion he was a “person who tells lies”, and was lying to the jury.

He denied that he “groomed” a number of the complainants, saying: “I don’t accept I groomed anyone.”

After the jury returned its verdicts, Mr Justice Owens directed the preparation of victim impact statements and remanded the defendant on continuing bail until sentencing on March 4, 2024.

O’Brien’s conviction and subsequent unmasking as a sexual predator led to Justice Minister Helen McEntee issuing a statement confirming she had contacted the Attorney General on how best to proceed in terms of his removal from the bench.

She confirmed she is considering the options open to the Government and the Oireachtas.

Under Article 35.4 of the Constitution, a judge of the Supreme Court, Court of Appeal or the High Court cannot be removed from office except for stated misbehaviour or incapacity and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.

Although Article 35.4 refers specifically only to judges of the Supreme Court, Court of Appeal and High Court, it’s understood the same procedure would have to be followed in order to remove a judge of the Circuit Court or the District Court as these judges are declared to hold office by the same tenure.

To date, no judge has ever been removed from office using this mechanism and the phrase “stated misbehaviour or incapacity” has never had to be judicially interpreted.

In one previous instance where a sitting District Court judge, Heather Perrin, was convicted of a serious crime, namely deception, she offered her resignation from the bench before her forced removal became necessary.