PATRICK GARVEY FROM STAMULLEN SLAMMED WITH €150,000 DAMAGES OVER CHILD SEXUAL ABUSE IN BALBRIGGAN

In a harrowing case heard in the High Court, a woman has been awarded €150,000 in damages after alleging she was subjected to prolonged sexual abuse by her brother, Patrick Garvey, in their family home in Balbriggan. The court heard that the abuse spanned from 1976 to 1980, beginning when the woman was just eight years old, and continued for approximately four years.

Antoinette McLoughlin, now aged 46 and residing in Lusk, Co Dublin, took legal action against her brother, Patrick Garvey, who is 52 years old and lives at Silverglen Gormanstown Road, Stamullen, Co Meath. She accused him of raping and sexually assaulting her during her childhood, allegations he vehemently denied throughout the eight-day trial. Garvey was supported by his wife, four sisters—Mary, Assumpta, Linda, and Margaret—and his brother, who all provided evidence in his favor.

The court was informed that the abuse allegedly took place within the girls’ bedroom of the family’s residence in Balbriggan, a home shared with their parents, five sisters, and two brothers. Ms McLoughlin recounted that she confided in her father, Peter Garvey, about the abuse as it was happening. However, her father did not believe her and responded by slapping her across the face, an act that left her feeling ostracized within her family. Her legal counsel, Sasha Gayer SC, emphasized that this reaction contributed to her sense of alienation and emotional trauma.

A significant aspect of the case was the testimony of a consultant psychiatrist, who diagnosed Ms McLoughlin with post-traumatic stress disorder (PTSD) as a direct result of the sexual abuse she endured. The court was also told that Ms McLoughlin’s life had been marked by considerable hardship, including psychiatric difficulties, an overdose at one point, and struggles within her marriage. Despite these challenges, she had managed to retrain and re-enter the workforce in recent years.

According to her account, the abuse began shortly after her First Communion, with her brother exerting control over her and forcing her into oral sex, as well as watching him masturbate. She also claimed that he raped her and emotionally tormented her with taunts related to sexual matters. A distressing incident at a family gathering in October 2004, when she encountered her father on the landing of their home, triggered a flashback that finally prompted her to disclose the abuse to her family. She expressed dissatisfaction with what she described as a “poor apology” from her brother the following day.

In March 2006, after receiving a letter from her brother’s solicitors requesting her to give an undertaking not to make further allegations, Ms McLoughlin formally reported the abuse to Gardaí and sought legal advice. Her sister Susan, who passed away in 2007, had previously accompanied her to a Garda station when she made her initial complaint, indicating her support and sympathy for her sister’s ordeal.

The jury, composed of five men and seven women, deliberated for over three hours before reaching a verdict. They found in favor of Ms McLoughlin, answering affirmatively to questions about whether Patrick Garvey had committed assault and battery and whether he had falsely imprisoned her on multiple occasions. The jury awarded €125,000 in general damages, covering past and future suffering, and an additional €25,000 in aggravated damages, but did not award any exemplary damages.

Following the verdict, Mr Justice Colm MacEochaidh thanked the jury and discharged them from jury service for the next seven years. The defendant’s legal team requested that the matter be adjourned until the following Monday to allow for submissions regarding costs awarded to Ms McLoughlin. The case has left a lasting impact, highlighting the tragic consequences of childhood sexual abuse and the importance of justice for victims.