A former soldier has been sentenced to three-and-a-half years in prison for indecently assaulting a young girl in Donegal in the 1970s.
In putting John Doherty behind bars, Judge John Aylmer said victim Sally Duddy “has been completely vindicated in her brave decision to pursue her complaint”.
Last month, courageous St Johnston woman Ms Duddy faced down Doherty, who indecently assaulted her when she was just eight years old, and told him: “I am taking my power back”.
An emotional Ms Duddy listened as Judge Aylmer sentenced Doherty to concurrent sentences of 21 months on two indecent assault counts.
On another more serious count of indecent assault, Judge Aylmer also sentenced Doherty to 21 months in prison, with that sentence to run consecutively, meaning a total of 42 months, or three-and-a-half years in prison.
Ms Duddy waived her right to anonymity to enable the publication of Doherty’s identity. After Doherty was handed his prison sentence, Ms Duddy, who was supported by family members in court, said she wanted to thank the jury who heard details of the case.
In June, a jury found Doherty guilty of three counts of indecently assaulting Sally (Duddy) Flanagan on occasions between January 1, 1977 and March 10, 1978 (both dates inclusive) at Bonnemaine, Bridgend.
The 65-year-old Doherty, of Ballymacool Wood, Letterkenny, and who has said that he does not accept the jury’s verdict.
Passing sentence at Donegal Circuit Court, Judge John Aylmer said that an aggravating factor was that the complainant was such a young girl at the time.
Sally Duddy was “completely vindicated in her brave decision to pursue her complaint.” Pic by Northwest Newspix.
Judge Aylmer noted that the counts spanned Doherty’s 18th birthday, in August 1977, and it seemed from evidence that the most grievous offence occurred when, in all probability, the accused had turned 19.
On one occasion, Ms Duddy was in a bedroom at the rear of the house when Doherty came in and asked if she would play a game, asking her to touch his penis. Details of another incident, the subject of another charge, in the same bedroom were outlined.
The court was told about an incident at Doherty’s house, which occurred on an occasion when she went to collect something for one of her sisters from one of Doherty’s sisters. Ms Duddy outlined how she went into a room and Doherty lifted her up, laid her down on the bed and penetrated her vagina.
Having vowed not to pursue her attacker while her own mother was still alive, Ms Duddy lived with the incident until reporting it to Gardai in October, 2014.
Judge Aylmer said Doherty committed an “appalling breach” of trust placed in him by the victim’s parents.
“After 47 years, it took her extraordinary courage to take to the witness box to finally avail of the opportunity to make a complaint and endure you accusing her of being a liar,” Judge Aylmer told Doherty.
He said Doherty had robbed Ms Duddy of her innocence and her childhood, destroying her self-confidence and feelings of self-worth. He said the incidents had affected her and continues to do so.
In November, the courtroom fell silent as a powerful victim impact statement, written by Ms Duddy, was read out.
“I know I have to stop blaming myself because this was not my fault,” Ms Duddy said. “I was a child.
“I need to take back control of my life as so much of it was stolen from me. I don’t know why you targeted me or what gave you the right to ruin my childhood.”
Through the course of a lengthy statement, Ms Duddy did not once mention the name of Doherty – who was nine years older than Ms Duddy when he committed the crimes at Bonnemaine, Bridgend, where their families lived side-by-side.
“I will not humanise you,” Ms Duddy said. “You will never understand the torment that you inflicted on me. I am taking my power back that was robbed from me over 47 years ago. It is partly my fault because I allowed you to control my life.
“But know this: I will come out stronger and more proud of myself after this because although it was a long road without a turn and your turn has arrived. I pursued this case because you needed to be held accountable for your actions.
“I have tortured myself for over 47 years while my abuser appears to have gotten on with his life without a second thought of the impact he had on my life.”
The now 56-year-old Ms Duddy moved to Lisdoonvarna in County Clare in 1985 to work in a hotel and married her husband, David Flanagan, in 1988.
She told in her victim impact statement how she “never felt I was good enough for anything and didn’t deserve success in my life”.
She said: “I left school at 15 because I felt I wasn’t good enough to educate myself. I had no confidence to carry things through because I always felt I was a failure.”
Ms Dara Foynes SC, for Doherty, told a previous sitting that her client was a former serving member of the Defence Forces who had an “unblemished record”.
Testimonials on behalf of the accused were handed into the court and a medical report confirmed that Doherty had prostate cancer for which he is still receiving treatment.
While the jury acquitted Doherty on another count, Ms Foynes admitted that “probably little weight can be attached” to that.
“My client doesn’t accept the verdict,” Ms Foynes added on the guilty verdicts.
Judge Aylmer noted how Ms Duddy had suffered a mental breakdown in 2022 and left her job as a healthcare assistant. He said the victim felt that everything in her life became a challenge and an ordeal and she engaged in suicidal ideation and alcohol abuse “to try to forget the ordeal you put her through”.
Members of Doherty’s family were also present for the sentencing hearing at Letterkenny courthouse.
Judge Aylmer noted that he had a maximum sentence available of two years due to the statutory regime at the time of each count. He said the court placed the offences at the upper end of the scale, having regard to the invasive nature of the assaults on a young child victim, the gross breach of trust and the very adverse impact the offending had on the complainant. He said each count merited the maximum two-year sentence.
He said the third count, which involved penetration, was “on a different quantum level” of gravity and the court felt bound to distinguish it by imposing a consecutive sentence.
In mitigation, he said Doherty was a young man at the time. He said a probation and welfare report was of limited use as Doherty remains in denial and does not respect the verdict of the jury.
However, Doherty was deemed to be of a low risk of reoffending and has not come to the adverse attention of Gardai since.
Judge Aylmer noted Doherty’s health situation and said he had an excellent work record having spent a significant period in the army.
The sentences were reduced to 21 months on each count, two of which are to run concurrently with the third to run consecutively.
Doherty will also be placed on the sex offenders register.