Two former Brothers due for sentencing

Christopher Cosgrove

By Paul Deering

With the conviction of Christopher Cosgrove on 180 counts of indecent assault at Sligo Circuit Court on Friday last, it will mean there will be two former Marist Brothers due for sentencing in March next for sexually abusing pupils at St. John's National School in the 1960's and 1970's.

Cosgrove (61) of Ballyhaunis Road, Claremorris was convicted unanimously by a jury of eight women and four men following a five day trial at the Circuit Court of indecently assaulting six pupils he taught at the school between 1968 and 1977. He had denied the charges.

Also due for sentencing at the next sitting of the Circuit Court is Peter White from Celbridge, County Kildare who pleaded guilty at a previous sitting of the court to eight sample charges of indecent assault against two former pupils at St. John's on dates between 1972 and 1976.

White, who was known as Brother Agnellus, was remanded on continuing bail to appear at the Circuit Court commencing on March 8th. He had initially pleaded not guilty to four sample charges drawn from over 40 charges on the indictment and a jury was sworn in to hear the case.

A third teacher who had taught at the same school, Michael Patrick Cunnane, received a three years suspended sentence in October 1999 after he pleaded guilty to eleven counts of indecent assault on three boys between January 1974 and June 1981.

Cunnane received a further three years suspended sentence at the Circuit Court in May 2001 when he pleaded guilty to further counts of indecent assault against five former pupils.

At the trial of Cosgrove last week, one former pupil alleged he had been sexually assaulted in the cubicle of a toilet in the school, one occasion being on the day he made his Confirmation while other boys claimed they were fondled and indecently assaulted by Brother Christopher when put sitting on his knee at his desk at the front of the class.

The accused denied the accusations. He admitted putting boys on his knee but said this was done to console and encourage them.

He said he could not explain why the six, now in their forties and from different parts of Ireland and abroad, would make the complaints they did against him.

"I cannot really explain. I didn't do the things they say I did. Unless they're imagining from reading the newspapers," said Cosgrove, who taught for nine years at the school from 1968 to 1977.

Cosgrove told the court that he joined the Marist Brothers in 1962 at the age of 21. After leaving St. John's he taught in Athlone until 1982 when he resigned from the Marist Brothers. He had since married.

Verdict

The jury of eight women and four men retired on Friday to consider its verdict at 4 p.m. and returned briefly at 6 p.m. to ask a question in relation to the evidence.

The forewoman of the jury asked Judge Kennedy if the evidence of one of the complainants had been corroborated. The Judge replied that it hadn't, that no other witness had mentioned seeing this complainant being allegedly assaulted.

The Jury returned to its room and came back to the courtroom at 6.45 p.m. after two hours and 45 minutes deliberation to deliver its unanimous guilty verdict.

Two of the complainants in the case became visibly upset when the forewoman announced its decision while Cosgrove showed no emotion.

Judge Kennedy said it was plainly too late in the day to embark on sentencing.

Agreeing, Mr. Roger Sweetman S.C. (for Cosgrove) said he would need time to prepare testimonials for a sentencing hearing. He also imagined that victim impact reports would have to be prepared.

Mr. Eanna Molloy S.C. (prosecuting), said he had no objection to the matter going back for sentencing to the Circuit Court in March but that he had been instructed to oppose bail. The status of Cosgrove had changed, he added .

Mr. Sweetman said the case had been in the list on numerous occasions and that Cosgrove had always honoured his bail. Cosgrove needed time to put his affairs in order, he added.

Judge Kennedy noted that Cosgrove had been returned for trial on a nominal amount of money. There were also conditions that Cosgrove surrender his passport, live at the address stated and not to make contact with witnesses in the case.

Mr. Molloy pointed out that there so many members of the E.U. now and that a passport was not required to travel to these countries.

Judge Kennedy said Cosgrove was undoubtedly facing a custodial sentence. In fairness to Cosgrove, said the Judge, he was entitled to put his best foot forward at the sentencing hearing in March.

Cosgrove was remanded on continuing bail to appear at the sittings of the Circuit Court commencing on March 8th next. It was made a condition of bail that Cosgrove sign on twice a week between Monday and Friday at Claremorris Garda Station between 9 a.m. and 9 p.m.