A woman has said she will be forever grateful to the jury of 11 men and one woman for “hearing me, hearing my truth” in relation to the sexual abuse she suffered at the hands of her older brother.
Olivia Payne told her brother Gerry Mooney (61), while delivering her victim impact statement during his sentence hearing at the Central Criminal Court, “I hand the filth, shame and disgust of those actions back to you.”
She said the “real win” for her was the fact that she had “the inner strength” to disclose the abuse and face the court process, twice thanking the jury for delivering a unanimous guilty verdict earlier this year.
“You showed your true cowardice by lying through this process, shame, shame on you,” Payne told Mooney.
Mooney, formerly of Clonin, Rhode, Co Offaly, was convicted by a Central Criminal Court jury earlier this year of the rape and indecent assault of his then 11-year-old sister at their family home in 1982.
Mooney was 16 or 17 years old at the time. He had pleaded not guilty to the offences and has no previous convictions.
Diarmuid Collins, prosecuting counsel, told the court that Payne wished to waive her right to anonymity in the case.
Delivering her victim impact statement, she turned to face her brother.
She said Mooney raped her as an 11-year-old girl, in their parents’ bed, with what she called heinous callousness.
“You violated my body in the most calculated manner… with no regard for the horror you were inflicting on me,” she continued.
She said her brother had thought that for 40-plus years “you had got away with it, but each and every one of those years I have suffered those consequences”.
She said from her very first interaction with gardaí over the matter, she was treated with the “utmost respect and care”.
“I come here today not as a new woman but one who has been vindicated, validated and most importantly, believed.”
Judge Eileen Creedon remanded Mooney on continuing bail to November 23rd next for sentence.
Sgt Tracey Goslin told the court that when Payne was younger, the family had a tradition whereby they all watched the nine o’clock evening news together, but as the youngest in the family, she was asked to go into her parents’ bed and warm it up for them before bedtime.
Payne later told gardaí that Mooney would come into the room also and get in under the covers, that once he sexually abused her and on another occasion, he raped her.
She said she was naive at the time and had no knowledge of any such matters, as there had been no discussion of sexual subjects at home at that time.
She made a formal complaint to gardaí in January 2020 and Mooney was arrested and interviewed in April 2022. He said he had no recollection of the events his sister had described.
Colman Fitzgerald, defending counsel, asked the court to accept that his client was a minor at the time of the offending.
He said Mooney had served in the Army for 20 years and had “a perfect service record”. He has continued to work since, mostly at manual work and in the building trade, Fitzgerald said.
Counsel said Mooney is married with two daughters, and handed in references from his wife and daughters.
He said Mooney has been described in the testimonials as a hard-working man and a decent husband and father, who has come to the assistance of his adult children when they needed him.
Fitzgerald said this was a case where it is clear a significant custodial sentence would be imposed, but he asked the court to be as lenient as possible.
Source: The Irish Times · Sonya McLean
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