A FORMER Marist brother who was convicted of 35 charges of sexual abuse against four young boys at a Sligo school more than 40 years ago walked free from court yesterday after he received a 12-month sentence at Dublin Circuit Criminal Court.In what Judge Patrick McCartan described as “one of the most difficult cases in terms of sentencing” ever put before him, Christopher Cosgrove was allowed to walk from the court having already served a year in prison for the offences.
Cosgrove (66), Cloughreevagh, Ballyhaunis Road, Claremorris, Co Mayo, had pleaded not guilty to 55 charges of indecent assault at the primary school on dates between July 1st, 1968, and June 30th, 1977.
Det Sgt Dermot Flannery agreed with Hugh Hartnett SC, defending, that the trial last March was the fourth time Cosgrove had gone before the court on charges of abuse at the Sligo school.
Det Sgt Flannery said Cosgrove had previously been convicted in Sligo Circuit Criminal Court of the sexual assault of the boys but that conviction was later overturned after Cosgrove had been in jail for close to a year.
He agreed that a 2008 trial had collapsed due to inappropriate remarks made by a witness and a subsequent trial in 2009 collapsed when both counsel for the defence and prosecution were forced to withdraw for ethical reasons.
Det Sgt Flannery said some 200 people had been interviewed in relation to the case and that some students of the school submitted that Cosgrove was a good teacher.
Mr Hartnett told the court that Cosgrove was a sickly man who had lived with the pall of the abuse charges hanging over his head for 15 years. He said that a large amount of testimony from Cosgrove’s friends, neighbours and his wife had been submitted to the court in his defence.
He said that Cosgrove had a very particular fear of prison as he had been attacked and received 25 stitches under general anaesthetic after another inmate slashed his throat in 2006.
Mr Hartnett said that although it may appear that a maximum sentence of two years was outdated, it was the applicable law in this instance.
Judge McCartan said that the court had to consider that the nature of Cosgrove’s offending was not the worst of its kind as it was confined solely to fondling of the boys’ private parts.
However, he said he was struck by the impact Cosgrove had had on his victims’ lives. All four complainants told an arrestingly similar story of difficulties in forming relationships and finding stability “because of the poison introduced to their lives at an early stage”.
Judge McCartan commended the four complainants and said that they were “remarkable” men for telling their story so long after the assaults had taken place.
He agreed with Mary Rose Gearty SC, prosecuting, that the imposition of consecutive sentences would not be appropriate given the number of victims and the number of assaults.
Judge McCartan said that because the offences occurred more than 40 years ago, the law provided for a maximum sentence of two years in the case of sexual assault. He imposed a 12-month sentence. He said the court must also have regard to Cosgrove’s age and his medical difficulties.
Judge McCartan directed that Cosgrove be registered as a sex offender.
Judge McCartan directed that 20 charges be withdrawn from the jury.
The jury of seven men and five women took 7½ hours to return unanimous verdicts on the remaining 35 charges on day six of the trial.
SIC: IT