Child Abuse innocent man accused

Three young men broke into an innocent man’s house and accused him of being a paedophile after a girl made false allegations that someone had exposed themselves to her.

Francis Walsh (aged 20), Derek Devoy (aged 22) and Keith Boyne (aged 23) were “pressganged into service” by the girl’s father, who was not before the court.

Judge Patrick McCartan sentenced Walsh and Boyne to two years each, suspended in full on strict conditions.

He sentenced Devoy to two years with one suspended to run consecutively with a five-year term he is currently serving for assault causing serious harm.

“I am happy that each of the accused knew what they were about and why,” the judge commented. He said it was a serious matter, deserving a custodial sentence, but noted, “they were pressganged into service by an older man”.

Boyne of Woodlands, Mulhuddart, Blanchardstown, Walsh of Ashcroft Grove, Clonsilla and Devoy of Blessington Street all pleaded guilty at Dublin Circuit Criminal Court to criminal damage and trespass at Mobhi Park, Dundrum on July 1, 2009.

Detective Garda Darren Kearns told prosecuting counsel, Mr Vincent Heneghan BL, that a girl made a complaint to gardaí that someone living at that address had exposed himself to her and used obscene language.

The girl later withdrew the complaint and gardaí did not investigate further. A short time later the girl’s father and six other men arrived at Mobhi Park.

The girl’s father broke the front door window with a hammer and opened the latch from the inside.

The men went inside and confronted one of the residents, accusing him of being a paedophile. They then left when they realised he was not the person they were looking for. The group caused about €1,500 damage to the house.

A witness noted the car registration as the men left and they were arrested shortly afterwards. Boyne, Walsh and Devoy all admitted their involvement and said they had gone to help out the girl’s father when he called them. Walsh told gardaí they had attacked “a rapist’s house”.

Counsel for Walsh, Mr Cathal McGreal BL, said his client was the godson of the ringleader of the break-in. He said he later told gardaí he felt ‘sick’ about his role in the offense.

Boyne’s counsel, Mr Justin McQuade BL, said his client had no previous convictions at the time and was “led by the nose into this by a more senior man”.

Counsel for Devoy, Mr John Byrne BL, said Devoy was not entirely sure why he was going to the house but knew it was “not for a lawful purpose”.

He added Devoy had entered an early guilty plea.