A 72-year-old Ardrahan man has been jailed for three years for the sexual abuse of a teenager nearly 20 years ago.
Galway Circuit Criminal Court heard that Pat Howley (72) of Lisnagranshy, Ardrahan, Co Galway pleaded guilty to four counts of sexual assault on a full facts basis on dates between February and December 2006. He has no previous convictions.
The injured party in this case wished to have Howley named, but did not wish to have any information published that would identify her, the court heard.
Passing sentence at Galway Circuit Criminal Court, Judge Brian O’Callaghan said there was a 40-year age gap between Howley and the complainant, who was aged between 13 and 14 when the abuse occurred.
“The court has to take the view that your moral culpability was significant,” he said. “You took advantage of a young girl for some kind of gratification.”
Judge O’Callaghan said: “The court has no doubt that he knew what he was doing, only he knows why he was doing it.”
The judge noted that a probation report which was before the court showed that Howley “shows limited victim empathy,” but is deemed at low risk of re-offending.
The judge said the aggravating factors in the case were the breach of trust, the nature of his conduct, the 40-year age disparity and the trauma to the young girl. He also noted the “impressive” victim impact statement that was read to the court.
Judge O’Callaghan said it was the court’s view that Howley’s offending fell slightly above the mid-range, and he set a headline sentence of six years.
He outlined the mitigating factors that he is obliged to take into consideration including Howley’s guilty plea, his long working life, his voluntary work with the Civil Defence, and his health issues. The judge noted that Howley has expressed remorse, but he noted: “The court is not convinced that it is 100 per cent.”
Judge O’Callaghan sentenced Howley to four and a half years in prison, suspending the final 18 months for three years. He placed him under the supervision of the Probation Service for 12 months post-release and directed that he follow all directions outlined by them.
Detective Garda Sharon Noone told Conall MacCarthy, BL, prosecuting, that Howley befriended the complainant’s family members and would often be in their company. The offending started with Howley entering a room when the complainant was alone and touching her leg and bottom. This progressed to Howley touching her bra, undoing it and touching her breasts.
The court heard that on one occasion, Howley placed his hand down the back of the girl’s trousers and digitally penetrated her. The girl had her period at the time. Howley removed his hand, laughed and said, “You are becoming a woman”.
Det Gda Noone told the court that the final interaction between Howley and the complainant was when he entered the room she was in. She could not see who had come in, but she heard the door lock and she knew it was Howley. There was a pot with pens and a screwdriver in it, and she grabbed the screwdriver and hit Howley on the hand. She then managed to unlock the door and ran away.
The court heard that the young girl did not tell anyone at the time. However in 2009, when she was out with her father and bumped into Howley, she became extremely upset and later confided in her father about what had happened. The girl spoke with a counsellor and a doctor about what had happened and in October 2021, she made a formal statement to the gardai.
The allegations were put to Howley and during his three interviews with the gardai, he denied all charges. Howley entered what Judge O’Callaghan referred to as a “belated” plea.
Det Gda Noone agreed with Bernard Noone SC, defending, that his client is a 72-year-old man who lives with his wife, who cares for him.
The garda agreed with counsel that Howley has a number of significant medical ailments.
Mr Madden said the Probation Service place his client at low risk of re-offending and would be suitable for probation supervision. He said he has no previous convictions and has not come garda attention before.
Counsel said Howley had a stroke in 2015 and has limited movement without the assistance of a walking frame.
He noted Howley “did enter a guilty plea even if it was late in the day” and the injured party “was spared the ordeal of giving evidence”.
Mr Madden read a letter of apology from his client to the complainant in this case, which stated: “There is no way to undo what I did. It was entirely my fault. I failed you…and my actions were deeply damaging.”
He continued: “I cannot justify what I did. There is no excuse. You did not deserve what happened; you were a child. I will carry the weight of that with me for the rest of my life”.
Defence counsel asked the court to take into account his client’s guilty pleas, the age of his client, his medical conditions, and lack of previous convictions. He asked that the court be as lenient as possible.
At a finalisation hearing, Mr Madden handed a medical report from Howley’s GP and from his home care supplier.
Judge O’Callaghan ordered that these reports be furnished to the governor of Castlerea Prison and that Howley needs to present himself to the prison by 12pm on Wednesday, July 30.
