June 2015

One year in prison for 50-year-old grandfather for sexually touching schoolgirl

A 50-YEAR-OLD grandfather who admitted sexually touching an underage girl has received a total sentence of three years – consisting of a one-year prison term and a further two years on licence.

Dermot Joseph MacBrien, from Derrin Road, Enniskillen, was also made the subject of a five-year Sexual Offences Prevention Order (SOPO) when he was sentenced at Omagh Crown Court on last Thursday.

MacBrien was charged with intentionally engaging in the sexual touching of a girl under 16 years old on a date unknown between January 1, 2012 and October 15, 2013.

He had pleaded guilty to this offence on March 25 this year. A further charge of meeting the underage girl with the intention of carrying out a sex act was left on the books.

His victim cannot be named for legal reasons.

At a previous hearing in the case, the court was told that MacBrien had been in custody since February 28 last year. The Northern Ireland Prison Service has confirmed that he was released on Thursday, due to time served on remand.

As a result of his conviction, the defendant has been disqualified from working with children, under the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003. He also has to sign the sex offender register for an “indefinite” period.

Under the terms of his SOPO, MacBrien is banned from having any contact or communication with any female child under the age of 16 years, other than such as is inadvertent and not reasonably avoidable in the course of lawful daily life, unless with the prior approval of his designated risk manager and social services in writing, save for three of his relatives specifically named in the order.

He is also prohibited from having access to a mobile phone, unless approved by his designated risk manager, residing or staying overnight at any place without the prior approval from his designated risk manager or having direct or indirect contact with his victim.

Meanwhile, as part of the recommended conditions of his licence, the defendant must actively participate in any programme of work recommended by his supervising probation officer, designed to reduce any risk he may present and to attend and co-operate in assessments by the Probation Board for Northern Ireland (PBNI) as to his suitability for programmes and other offence-focused work.

May 2015

Grandfather admits touching young girl

A 50-year-old grandfather who admitted sexually touching an under-age girl appeared at Omagh Crown Court yesterday (Wednesday).

Dermot MacBrien, from Derrin Road, Enniskillen pleaded guilty on March 25, 2015 to intentionally engaging in sexual touching of a girl under 16 on a date between January 1, 2012 and October 15, 2013. At that court hearing, a second charge of meeting the underage girl with the intention of carrying out a sex act was left on the books.

Yesterday (Wednesday), MacBrien listened as the Prosecution barrister read an agreed statement of facts to the court.

The court heard MacBrien became aware of the underage girl in 2012. Correspondence between him and the girl led her family to state that the contact between them was not natural. Underwear found in the girls room was examined by police, who matched bodily fluid found on the lining of her pants to MacBriens DNA.

The girl cannot be named for legal reasons.

The Crown also submits that the significant disparity between their ages results in a breach of trust.

MacBriens defence barrister Martin Rogers told the court that MacBrien accepts the courts concern with his relationship with the girl. He said MacBrien had inappropriate empathy with the girl given his own background, adding that MacBrien had a difficult upbringing. He stated that MacBrien is prepared to engage in therapeutic counselling.

Mr. Rogers told Judge Paul Ramsey QC that MacBriens wife had died tragically and he currently has a son in foster care. He asked that, if MacBrien is given a Sexual Offences Prevention Order (SOPO), he would be permitted to see his five grandchildren.

The Court heard that MacBrien has been in custody since February 28, 2014.

Judge Ramsey stated: Ive listened to the Prosecution outline the agreed facts. Its a difficult area. Im going to have to think about it. Im not going to sentence you today.

He remanded MacBrien in custody, for sentencing on June 11.

Letters from MacBriens family, who were present in court, were handed in to Judge Ramsey.