JOSEPH FINNERTY FROM ROSCREA SENTENCED FOR KIDNAPPING AND SEXUAL ASSAULT IN OFFALY
In a case that has shocked the community and brought to light a disturbing crime committed nearly a decade ago, Joseph Finnerty, a 45-year-old man from Grove Villas in Roscrea, was sentenced to three years in prison by Mr.Justice Barry White at the Central Criminal Court.
The conviction stems from a heinous incident involving the kidnapping and sexual assault of a 14-year-old girl, which took place in County Offaly on November 6, 2000.
Finnerty was found guilty after a six-day trial, during which a jury deliberated on the evidence presented.
He had entered a plea of not guilty to charges of false imprisonment, aggravated sexual assault, and sexual assault against the young girl, who was only 14 at the time of the incident and is now 23.
The court was told that Finnerty had driven her to a remote woodland area known as Glassderry Wood in County Offaly, where the assault occurred.
Mr.
Justice White, in his ruling, directed the jury to find Finnerty not guilty of the charge of aggravated sexual assault.
This decision was based on medical evidence indicating that while the girl had sustained physical injuries consistent with sexual assault, there was no evidence to suggest that she was raped.
The judge also rejected an application from Finnerty’s defense counsel, Mr.
Hugh Hartnett SC, to delay the sentencing until after Christmas, citing the need for Finnerty to spend time with his elderly mother.
During the proceedings, Sergeant Aidan Farrelly provided details of the impact the crime has had on the victim.
A victim impact statement, prepared by a senior psychologist with the Health Service Executive, described the girl’s ongoing suffering.
The report highlighted that she was once a happy and carefree individual but has since developed severe anxiety and hyper-vigilance.
Her mental health has deteriorated to the point where she has attempted an overdose, considered hanging herself, and can no longer be left alone.
The trauma has left her with a chronic post-traumatic stress disorder that is both serious and enduring.
According to Sergeant Farrelly, Finnerty had contacted the girl and her boyfriend on the night of the assault, inviting them to join him for a drink at a local pub with a friend.
The group then moved to another pub before Finnerty asked the girl’s boyfriend to drive them to a friend’s house.
Finnerty then instructed the boyfriend to leave the girl in the car while he went inside with his friend.
Finnerty subsequently drove the car to a secluded area, where he ordered the girl to undress and placed her feet on the dashboard.
The victim later recounted to Gardaí that Finnerty had sexual intercourse with her twice, kissed her, bit her earlobe, and rubbed his beard against her face.
He also sexually assaulted her through digital penetration.
Finnerty then returned the girl to her boyfriend’s house, where she was found in a distressed state.
Gardaí were called to the scene a few hours later, and the girl was taken to hospital, where she received treatment for multiple bruises on her face and body.
The court was also informed that Finnerty has a significant criminal history, with 25 previous convictions, including three assaults, road traffic offenses, and criminal damage.
Mr.
Justice White acknowledged the profound impact the crime has had on the victim.
While noting Finnerty’s history of violence, he also recognized that since the incident, nearly nine years ago, Finnerty has not committed any similar offenses.
The judge considered Finnerty’s personal circumstances, including his role as the carer for his elderly and ill mother, but pointed out that Finnerty’s family members, including his sister and partner, are willing to support the victim.
He emphasized that Finnerty had the right to contest the charges and fight his trial, but he also noted that Finnerty could have received a more lenient sentence had he admitted guilt early on, thus sparing the victim the ordeal of testifying and undergoing cross-examination.
The court’s decision reflects the seriousness of the crime and its lasting effects on the victim, who continues to suffer from the trauma inflicted on her that night in County Offaly.
