Case No. 19401Sexual defilement of a child

Social worker's appeal against conviction for defiling boy in State care

A 44-year-old woman, a social worker, was convicted by a jury of sexually defiling a 16-year-old boy in State care, an offence that occurred at her home on unknown dates between April 1 and May 15, 2016, while the boy was in her care at a midlands school. She pleaded not guilty, and after an 11-day trial at Clonmel Circuit Criminal Court, Judge Cormac Quinn (also given as Quin) jailed her in November 2022 for four years, with the final two years suspended. She has appealed her conviction on the ground that a request for Facebook messages was made under the wrong section of a 2008 Ireland-US mutual legal assistance treaty, and the Court of Appeal heard the appeal in October 2023 and reserved its judgment.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court23 Oct
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
A 44-year-old woman, a social worker, was convicted of sexually defiling a boy in State care.
Where
The boy was in her care at a midlands school, and the offence occurred at her home.
When
The offence occurred on unknown dates between April 1 and May 15, 2016.
Charges
She pleaded not guilty to sexual defilement of a child.
Investigation
The State requested Facebook messages exchanged between the woman and the boy from the social media company.
In court
  • A jury convicted her after an 11-day trial at Clonmel Circuit Criminal Court.
  • The defence argues the request was made by the Director of Public Prosecutions rather than the Central Authority, so it was not in accordance with the treaty.
  • The defence also argues there was insufficient evidence that the Facebook certificate of authenticity related to the disc containing the material.
  • The Court of Appeal heard the appeal in October 2023 and reserved its judgment.
Sentence
In November 2022 Judge Cormac Quinn (also given as Quin) jailed her for four years, with the final two years suspended.
Cause
She has appealed her conviction, arguing that the request for the messages was made under the wrong section of a 2008 Ireland-US mutual legal assistance treaty.
Other details
  • The State says the treaty does not require the Central Authority to draft the request, only to transmit it.
  • The case details list the victim as a man aged 16, while the articles describe a boy aged 16.
10 statements extracted from the articles
  • whatA social worker jailed for defiling a boy in State care has appealed her conviction. (tipperarylive.ie)
  • whereThe boy was in her care at a midlands school when the offence occurred at her home. (tipperarylive.ie)
  • whenThe offence occurred on unknown dates between April 1 and May 15, 2016. (tipperarylive.ie)
  • causeThe appeal argues that a request for Facebook messages was made under the wrong section of a 2008 Ireland-US mutual legal assistance treaty. (tipperarylive.ie)
  • courtShe was jailed for four years, with the final two years suspended, by Judge Cormac Quinn at Clonmel Circuit Criminal Court in November 2022. (tipperarylive.ie)
  • courtShe pleaded not guilty but was convicted by a jury after an 11-day trial. (tipperarylive.ie)
  • courtThe defence argued that the request was made by the Director of Public Prosecutions rather than the Central Authority, so it was not in accordance with the treaty. (tipperarylive.ie)
  • courtThe defence also argued there was insufficient evidence that the Facebook certificate of authenticity related to the disc containing the material. (tipperarylive.ie)
  • courtThe State said the treaty does not require the Central Authority to draft the request, only to transmit it. (tipperarylive.ie)
  • courtThe Court of Appeal reserved its judgment. (tipperarylive.ie)

The reporting

newest first
  1. 23 Oct2023
    Female social worker jailed for defiling boy (16) in care of State bids to overturn conviction

    Report of the Court of Appeal hearing on the woman's appeal against conviction. It covers the grounds of appeal and the State's response, and says judgment was reserved. The 2022 sentence is restated.

    convicted, 44, femalevictim, 16, male