PETER CLARKE OF CARRICKMACROSS SENTENCED FOR SEXUAL OFFENSES IN MONAGHAN AND DUNDALK

In December 2014, the Court of Appeal in Ireland reviewed the case of Peter Clarke, a man from Carrickmacross, Co Monaghan, who had previously been convicted of serious sexual offenses involving young girls. The appellate court upheld the sentences originally handed down, despite some controversy over remarks made during the trial.

Peter Clarke, aged 70 at the time, was a resident of O’Neill Street in Carrickmacross. His criminal history and the nature of his offenses drew significant attention, especially given the disturbing details of his crimes against minors. Clarke pleaded guilty to two counts of sexual assault committed in 2011, specifically in May and September of that year, in the Co Monaghan area.

At the Monaghan Circuit Criminal Court on January 11, 2013, Judge John O’Hagan sentenced Clarke to two concurrent five-year prison terms. During the sentencing, the judge made several pointed remarks, including referring to Clarke as a “dirty old man” multiple times. These comments drew criticism during the appeal, with Clarke’s barrister, Paul Greene SC, arguing that the judge’s language was inappropriate and that it reflected a failure to properly consider the circumstances of the case.

Greene contended that the judge overlooked Clarke’s guilty plea and the fact that Clarke’s statements during Garda interviews were misunderstood. Clarke had admitted to taking pleasure in his actions and expressed feelings of pride or boastfulness, which Greene explained could be linked to his medical conditions. The defense highlighted that Clarke had taken steps to manage his impulses through a form of chemical castration, a treatment aimed at reducing sexual urges.

During the appeal hearing, Mr. Greene pointed out that medical reports did not suggest Clarke was out of control or suffering from a mental illness that would diminish his capacity for self-control. He emphasized that Clarke’s behavior was influenced by his medical condition, which included a borderline IQ, brain atrophy, and frontal lobe deficits. Greene argued that Clarke’s actions were driven by these impairments, and that he had recognized his problematic behavior, although he had not shown genuine remorse.

In response, Ms. Justice Mary Irvine expressed regret that the trial judge had repeatedly referred to Clarke as a “dirty old man,” considering it unprofessional. She reviewed the details of the first offense, which involved Clarke grabbing a 15-year-old girl on Main Street in Carrickmacross on May 12, 2011. Clarke had felt her stomach and squeezed her vagina for approximately two minutes. Clarke later told Gardaí that he released her because there were many people around, but he admitted that if no one had been present, he might have gone further, even suggesting he would have pulled down her trousers and engaged in sexual activity.

The court also heard that Clarke had offered the young girl a few hundred euros in compensation. The second offense involved Clarke, then aged 68, outside a local church, where he caught a 10-year-old girl by her buttocks and placed his hands on her vagina. When questioned by Gardaí about whether he would have liked to take things further, Clarke denied, citing the presence of many people around. Clarke was living alone with his sister at the time and had been taking medication to reduce his sexual impulses.

Ms. Justice Irvine noted that the sentencing judge had concluded Clarke did not suffer from a major mental illness that would impair his self-control. However, medical reports indicated that Clarke had a frontal lobe deficit and brain atrophy, which could influence his behavior. Despite this, the court found that Clarke was aware of his victims’ fear and that he would have continued if not for the presence of others. The court also observed that Clarke had not demonstrated genuine remorse and was a repeat offender.

The Court of Appeal agreed that the original sentencing judge had properly considered all mitigating factors, including Clarke’s guilty plea and his age. The court acknowledged that Judge O’Hagan had taken into account Clarke’s circumstances, including his prior assaults while in prison and the ongoing risk he posed. The appellate court, comprising Ms. Justice Irvine, Mr. Justice Mahon, and Mr. Justice Garrett Sheehan, concluded that the sentences imposed were appropriate and did not warrant being set aside.

Clarke was returned to prison to serve out the remainder of his sentence. Upon release, he was instructed to fully engage with probation services for a period of seven years. His appeal, lodged on May 30, 2014, was ultimately dismissed, reaffirming the severity and appropriateness of the original sentences.

In addition to these convictions, Clarke had a history of other sexual offenses. In March 2014, he was sentenced to five years in prison for inviting two 12-year-old girls to participate in a sexual act in Dundalk. Clarke, who was then 69, had approached the girls outside a café in Dundalk on September 9, 2011, offering them money and making inappropriate propositions. He was caught after Gardaí traced his distinctive green Jaguar car. Clarke admitted to the propositions but claimed he could not remember making them.

Clarke’s criminal record included 15 previous convictions, notably for sexual assault and public indecency. His defense argued that damage to his frontal lobe, sustained in a serious road traffic incident two decades earlier, impaired his ability to control his impulses. Despite these medical explanations, the court emphasized the danger he posed to young girls and the lack of genuine remorse, marking him as a persistent threat to the community.