Judge Patrick J Moran: concerned

A sex offender ordered to stay away from his home town for 15 years on condition of a partly suspended sentence has had his jail term doubled on appeal so he can go back as soon as he is released.


Patrick O'Brien (61) came to national attention last year when a judge ordered him to stay away from his Limerick address after release. In return for this commitment, he was to serve just half of his three-year sentence.


But earlier this month the Court of Criminal Appeal altered the sentence, meaning O'Brien will now serve a full three years. On release he can return to his home village immediately.


Local sources told the Sunday Tribune that, in spite of the change of sentence, the matter was still not discussed by people in the Co Limerick town.


"It's just one of those local things; people don't want to know anything about it," one said.


The appeals court heard that O'Brien – a once prominent member of his local Fianna Fáil cumann – would rather serve a full sentence and be allowed home, as he was unable to sell his house.


In July last year, he pleaded guilty at Cork Circuit Criminal Court to six counts of sexually assaulting a boy under the age of 12 at two locations between 2004 and 2006.


Although initially agreeing to the conditions under which his sentence was partially suspended, O'Brien's legal representatives later told judge Patrick J Moran that he wished to withdraw from the bond that he not return home for 15 years.


"Why should I allow him to go back when he has finished his prison sentence and cause extreme upset to this family? I am not allowing him to withdraw from the bond. I am very concerned about this family; they are entitled to be protected from this person," Moran said.


The victim's parents were reported at the time to have said the 15-year ban was more significant to them than the prison term.


However, following his recent appeal hearing, O'Brien will now be allowed to return to his residence at Tankardstown North, Kilmallock.


His three-year sentence was increased to five years, with the final two years suspended, meaning he will now, in effect, serve the full term initially imposed.


Conditions are still attach­ed, namely that O'Brien keep away from his victim and family and from a named address in the locality.