Ireland Supreme Court rules psychological assessment admissions admissible in sexual assault case
Jacintha McSherry O'Connor (63), a former teacher at a Dublin secondary school, is alleged to have indecently assaulted a pupil, a man in his 50s, on dates between June 1st and September 1st, 1985. The Director of Public Prosecutions decided in 2015 not to prosecute her, and later directed charges after alleged admissions made during a psychological assessment. In 2021 the Circuit Court excluded those alleged admissions and directed a not-guilty verdict, but she has pleaded not guilty to two counts of indecently assaulting a child, and her trial before a jury continues in Dublin's Circuit Criminal Court. On the Friday after, the Supreme Court ruled that voluntary admissions made during a psychological assessment may be admissible and that the Circuit Court judge erred in excluding them. The court will hear further argument next month on whether to order a retrial on four counts of sexual assault and one count of allowing a child in her custody to be assaulted, ill-treated, neglected or exposed to unnecessary suffering.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court12 Oct
2 reports - Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- A former teacher at a Dublin secondary school has gone on trial charged with indecently assaulting a pupil in 1985.
- Where
- The alleged incidents took place while the accused worked as a teacher at a school in Dublin.
- The complainant alleges the assaults took place at his home while the accused was tutoring him.
- The prosecution says there was also sexual contact between the boy and the accused on a holiday she attended with his family.
- When
- The alleged offences took place on dates between June 1st and September 1st, 1985.
- Charges
- The accused has pleaded not guilty to two counts of indecently assaulting a child.
- The DPP later directed charges after alleged admissions made during a psychological assessment, which one source describes as High Court-directed and another as court-arranged.
- Investigation
- The woman denied involvement in the alleged offences when interviewed under caution.
- In court
- The trial continues before Judge Elma Sheahan and a jury at Dublin's Circuit Criminal Court.
- In 2021 the Circuit Court judge ruled the alleged admissions inadmissible and directed a not-guilty verdict due to insufficient other evidence.
- A five-judge Supreme Court ruled on a Friday that a voluntarily made admission during a psychological assessment may be admissible, and held that the Circuit Court judge erred in excluding the alleged confessions.
- The woman's lawyers argued she was effectively forced into the psychological examination, and she was legally represented around the time of the interview.
- The court will hear further argument on whether to order a retrial on four counts of sexual assault and one count of allowing a child in her custody to be assaulted, ill-treated, neglected or exposed to unnecessary suffering, with a hearing scheduled for next month.
- Other details
- The DPP decided in 2015 not to prosecute the woman, and the defence says the accused denied the allegations.
25 statements extracted from the articles
- whatA former teacher at a Dublin secondary school has gone on trial charged with indecently assaulting a pupil in 1985. (irishtimes.com)
- whatThe counts relate to her three sons, all of whom are physically and mentally disabled. (irishtimes.com)
- whereThe incidents are alleged to have happened while the accused worked as a teacher at a school in Dublin. (irishtimes.com)
- whereThe complainant alleges the assaults took place at his home while the accused was tutoring him. (irishtimes.com)
- whereThe complainant gave evidence that the accused came with his family on holiday to Spain. (irishtimes.com)
- whenThe alleged offences took place on dates between June 1st and September 1st, 1985. (irishtimes.com)
- investigationThe proceedings arose from a garda investigation into what appeared to be a serious case of child sexual abuse imagery shared online. (irishtimes.com)
- investigationThe woman denied involvement in or awareness of the crimes when interviewed under caution. (irishtimes.com)
- chargeThe accused has pleaded not guilty to two counts of indecently assaulting a child. (irishtimes.com)
- chargeThe woman faces a possible retrial on four counts of sexual assault and a count of allowing a child in her custody to be assaulted, ill-treated, neglected or exposed to unnecessary suffering. (irishtimes.com)
- chargeThe DPP later directed charges after alleged admissions made during a High Court-directed psychological assessment. (irishtimes.com)
- courtThe prosecution says there was also sexual contact between the boy and the accused on a holiday she attended with his family. (irishtimes.com)
- courtThe trial continues before Judge Elma Sheahan and a jury on Friday. (irishtimes.com)
- courtThe Supreme Court has ruled that an admission voluntarily made during a psychological assessment may be admissible in a subsequent criminal trial. (irishtimes.com)
- courtThe judgment was delivered by a five-judge court on a Friday. (irishtimes.com)
- courtShe was acquitted on a directed not-guilty verdict in the Circuit Court in 2021. (irishtimes.com)
- courtThe Circuit Court judge ruled the evidence inadmissible and directed a not-guilty verdict due to insufficient other evidence. (irishtimes.com)
- courtThe Supreme Court held that the Circuit Court judge erred in excluding the alleged confessions. (irishtimes.com)
- courtThe woman's lawyers argued she was effectively forced into the psychological examination. (irishtimes.com)
- courtThe woman was legally represented around the time of the interview. (irishtimes.com)
- courtThe court will hear further argument on whether there should be a retrial and scheduled a hearing for next month. (irishtimes.com)
- courtThe court made no comment on whether there was any sufficient admission or circumstantial evidence. (irishtimes.com)
- sentenceHer husband and another man were prosecuted and given prison sentences for offences committed against them. (irishtimes.com)
- otherThe defence says the accused denied the allegations. (irishtimes.com)
- otherThe DPP decided in 2015 not to prosecute her. (irishtimes.com)
The reporting
newest first- 13 Oct2023Voluntary admissions during psychological assessment may be admissible in criminal trial, Supreme Court rules
Reports a Supreme Court appeal ruling. The court held the Circuit Court judge erred in excluding the alleged admissions, and it will hear further argument on whether to order a retrial. The article gives no county or incident date.
accused, female - 12 Oct2023Female teacher at Dublin secondary school goes on trial for allegedly indecently assaulting a pupil in 1985
Trial report. The alleged incidents are dated between June 1st and September 1st, 1985. The trial continues before a jury, and the defence denies the allegations. No existing case matches.
accused, Jacintha McSherry O'Connor, 63, female, named, irish (judged from name)Jacintha McSherry O'Connorvictim, 50s, male