Ex-soldier faces prison sentence for indecent assault on teenage girl four decades ago

A. Donegal A man convicted of indecently assaulting a teenage girl in the 1970s will be sentenced next month, a judge has said.

John Doherty, who was found guilty of the offenses before a jury in June, was already behind bars in custody when he appeared before Judge John Aylmer at Letterkenny Circuit Court.

Brave Sally Duddy, who bested her attacker with a moving and powerful victim impact statement, has waived her anonymity, meaning Doherty can now be identified.

Ex-soldier Doherty, 65, whose address is Ballymacool Wood, Letterkenny, County Donegal, said he did not accept the jury’s verdict.

He will learn his final fate next month when Judge Aylmer makes his final decision after considering some reports and submissions in the case.

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But as Judge Aylmer remanded Doherty into custody at Castlerea Prison, he warned that a prison sentence was “inevitable” in the case.

On June 21, 2024, on the seventh day of the trial, the jury found Doherty guilty of indecently assaulting Sally (Duddy) Flanagan at Bonnemaine between January 1, 1977 and March 10, 1978 (both dates inclusive). Bridgend.

Detective Garda Siobhan Tighe told State solicitor Ms Fiona Crawford BL that Ms Duddy was aged eight and nine at the time of the offenses, while Doherty was nine years her senior.

The court heard Ms Duddy moved with her family from St Johnston to Bonnemaine, Bridgend, after her father bought a farm.

The Doherty family were neighbours, and the court was told Doherty called the house regularly.

One time, while Miss Duddy was in her bedroom at the back of the house, Doherty came in and asked if she would play a game and asked her to touch his penis. Details emerged of another incident in the same bedroom that led to a separate charge.

The court was told of an incident that took place at Doherty’s home when Doherty had gone to buy something for one of her sisters.

Miss Duddy described how she walked into a room and Doherty picked her up, laid her on the bed and penetrated her vagina. After this incident, Mrs. Duddy recalled, she took “the first thing that was red” and returned home.

Miss Duddy, who had vowed not to pursue her attacker while her own mother was alive, lived with the incident until she reported it to Gardaí in October 2014.

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Gardaí launched an investigation into the allegations and Doherty, who had no previous convictions, made no admissions when spoken to by detectives before pleading not guilty when sent to the District Court.

Ms Dara Foynes SC, for Doherty, said her client was a former soldier who served in the Defense Forces and had an “unblemished record”.

Statements on behalf of the defendant were presented to the court and the medical report confirmed that Doherty had prostate cancer, for which he is currently undergoing treatment.

While the jury acquitted Doherty of another charge, Ms Foynes admitted that “very little weight could probably be given” to this.

Ms Foynes added of the guilty verdicts: “My client does not accept the verdict.” Doherty, whom his lawyer described as “loyal to his family”, was accompanied to court by family members who were with him during the investigation.

Miss Foynes told Judge Aylmer that the Probation Service thought Doherty was a low risk of re-offending and said he was suitable for community service. The lawyer pleaded with Judge Aylmer not to impose consecutive sentences.

Judge Aylmer said he would consider the documents and arguments, but would postpone sentencing until December 10.

“There will be a prison sentence,” Judge Aylmer said. “Given that this incident involved the penetration of a child by a person aged 17-18 and was a full contest and a not guilty plea, a prison sentence is inevitable.”

Doherty was reminded that he would remain in custody until final sentencing on December 10.