A former Donegal soldier found guilty of indecently assaulting a young girl in the 1970s will be sentenced next month.
John Doherty, now 65, still does not accept the decision of the court after he was found guilty by a jury after a trial at Letterkenny Circuit Court in June.
Details of the case were again read out in court this week as Judge John Aylmer considered a sentence for Doherty, who now has an address at Ballymacool Woods in Letterkenny.
The incidents happened in the 1970s when Doherty was 17 or 18 and when his victim, Sally Duddy, was just 8 or 9 years old.
Brave Ms Duddy faced down her abuser in court this week and delivered a powerful impact statement after waiving her anonimty so Doherty could be named.
Doherty will learn his ultimate fate next month when Judge Aylmer will deliver his final judgement after considering some reports and submissions in the case.
However, in remanding Doherty into custody at Castlerea Prison, Judge Aylmer warned that a custodial sentence is “inevitable” in the case.
On June 21, 2024, on the seventh day of a trial, 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.
Detective Garda Siobhan Tighe told Ms Fiona Crawford BL, barrister for the State, that Ms Duddy was aged eight and nine during the offending period while Doherty was nine years her senior.
The court heard that Ms Duddy moved from St Johnston to Bonnemaine, Bridgend with her family after her father bought a farm.
The Doherty family were neighbours and the court was told that Doherty used to call to the house regularly.
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. After this incident, Ms Duddy recalled picking up “the first thing that was red” and returning home.
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.
Gardai launched a probe into the allegations and Doherty, who has no previous convictions, made no admissions when spoken to by detectives before following up with a not guilty plea when he was sent forward to the Circuit Court.
Ms Dara Foynes SC, for Doherty, said 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. Doherty, described by his barrister as being “devoted to his family” was accompanied to court by family members, who have stood by him during the investigation.
Ms Foynes told Judge Aylmer that the Probation Service deemed Doherty to be of a low risk of reoffending and said he was suitable for community service.
Ms Foynes implored Judge Aylmer not to deploy consecutive sentences.
Judge Aylmer said he would consider the material and submissions, but would delay imposing sentence until December 10.
“There is going to be a custodial sentence imposed,” Judge Aylmer said. “Given that this involved the penetration of a child by someone who was bordering 17-18 and there was a full contest and a not guilty plea, a custodial sentence is inevitable.”
Doherty was reminded in custody until December 10 when final sentencing will be imposed.