Man accused of sexually abusing brother offered to go to gardaí but was told not to, court hears
A man on trial accused of sexually abusing his younger brother more than 40 years ago has said that, although he denies any wrongdoing and rejects claims he apologised, he did offer speak to gardaí about the allegations, but was told by his brother not to.The defendant, who cannot be named for legal reasons, appeared before Wicklow Circuit Criminal Court for the third day of his trial. He has pleaded not guilty to two counts of indecent assault.On Tuesday, April 21, the court heard evidence from the complainant, who alleges he was sexually abused by his older brother on three occasions at their family home when he was around seven years old.He described incidents in a washroom and bedroom, telling the court he tried to make himself sick “so he wouldn't want me” and that he feared being penetrated before managing to escape. A third alleged incident involved the accused trying to force entry to a bathroom.The court heard the complainant did not disclose the alleged abuse until years later, eventually telling his wife before their wedding after experiencing flashbacks.He later confronted the accused, who allegedly said he could not remember but wanted to apologise.On Wednesday, April 22, the trial heard further evidence during cross-examination, along with testimony from family members, including that the accused had travelled abroad to inform a family member of the alleged abuse, while it was also put to him that he had visited a friend serving a lengthy prison sentence.The complainant said he has no links to criminality and had never discussed the allegations with that individual.On Thursday, another of his siblings testified that the alleged victim disclosed he was sexually assaulted by the accused on multiple occasions.“I was shocked to hear it, but it was made worse that it was his brother,” they said, adding: “It doesn’t happen to our family, it only happens to others.”Counsel for the prosecution, James Kelly, asked if the witness recalled the accused’s drinking habits. They told the court that the accused was “always angry” and that you “wouldn’t want to be in his company after he had a few drinks”.The witness added that they and the accused have not being close for several years, after an alleged incident where he accused the sibling’s daughter of stealing a watching from his home.During cross-examination, senior counsel for the defence, Fergal Kavanagh, enquired about the incident, with the witness remarking “he made a statement to the gardaí and never apologised for saying ‘she’s nothing but a c**t’”.Detective Garda Daragh McEvoy of An Garda Síochána’s Divisional Protective Services Unit in Wicklow town told the court that he was the arresting garda and that the accused denied the abuse during interview.Mr Kavanagh asked if he was aware of an incident where a relative of the complainant’s friend who he visited in prison allegedly tried to intimidate the accused by tapping on a Dart window while he was seated.Det Gda McEvoy stated that he told the defendant in February 2026 that he should report the incident to his local garda station. It was noted that he is unaware if the accused made a report.The defendant went into evidence, telling the court that he is a father and has a child from a previous relationship, but has had full custody since the child’s mother attempted to take her own life.He stated that a local TD provided him with a reference for the custody case.The letter was read to the court by defence counsel.“He has a proven track record in the local area and he is a loving father,” the TD said.Tusla, the State’s Child and Family Agency, became involved with the accused after the complainant went to gardaí, due to him working in a local sports club and one of his children being under 18.He stated that, after speaking with his child, Tusla later sent him a closing statement confirming that no wrongdoing was found.Mr Kavanagh asked the accused if there was any validity to the allegations, to which he denied any wrongdoing on all three occasions.Senior counsel for the defence put it to the accused that the complainant had said there was a plot to kill the accused, as mentioned in evidence on Wednesday, and that the defendant had previously apologised during a conversation between the pair several years ago.The accused denied that any such threats were ever made and rejected the claim that he had apologised, stating that neither the alleged threat nor the apology occurred.However, he recalled the conversation, stating that after the complainant made the allegation, he offered to go to gardaí.He said the alleged injured party responded: “You won’t be going to the gardaí as I’m getting married in a couple of weeks.”Mr Kavanagh asked the accused about what his sibling said regarding their child. The accused stated that he was on holidays when he received a call that his alarm had gone off, and he requested that his wife’s sibling go to check what had happened.He added that his niece was found in the house with two others, after entering through an open window. After returning home, he noticed a piece of jewellery missing, but after searching, he found the watch and did not report the matter to gardaí.During Wednesday’s proceedings, the court also heard evidence from another sibling of both men, who recalled an incident in their shared bedroom, where the accused allegedly masturbated while he was beside them in bed.Read moreDad-of-four has ‘very little memory’ of abusing gardaí as a ‘pack of w**kers’Read more‘He took his gun with him’ - Weeks of threatening phone calls led to rural Kerry stand-off, court hearsMr Kavanagh stated that it was put to the accused that the behaviour had been carried out in a sexual or inappropriate manner, which he rejected.The accused outlined that they had bunk beds at the time, before later getting separate beds.While he denied any wrongdoing towards his brother, he accepted that he had masturbated at points in his life, but denied doing so in any inappropriate or abusive context.On Tuesday, the court was told that during the alleged bathroom incident, the complainant jumped out the window and scaled a gate to escape.During cross-examination, Mr Kelly asked the accused if his brother was a talented footballer, adding that to be skilled you would need to be “fast, brave, agile and flexible”, and that bravery may include jumping out a window.The court was told the accused was involved in a serious incident involving a gate when he was in his mid-20s.Prosecution counsel added that it had been put to the accused by defence counsel that such an escape was physically impossible, but that it was in fact very possible.The trial continues with closing arguments from both parties, with the jury expected to determine whether the accused is guilty or not guilty on Friday, April 24.Funded by the Court Reporting Scheme
