A Fermanagh man unanimously convicted of sexually assaulting his teenage niece despite continuing to protest his innocence has been jailed and placed under a Sexual Offences Prevention Order (SOPO).

During a sentencing hearing at Dungannon Crown Court yesterday (Wednesday) the judge remarked: “There hasn’t been a word of regret to provide a crumb of comfort to the victim.”

Aged in his sixties, the defendant who cannot be named to protect the identity of the young victim, committed the offence during New Year celebrations in 2019.

During a five day trial in February, it emerged the defendant attempted to kiss the victim, who lost her balance and fell backwards. In the process of this, the defendant launched himself on her, before thrusting his hand into her underwear.

He denied the charge throughout but was found guilty by a jury, who deliberated for less than an hour.

Judge Paul Ramsey QC agreed to release him on continuing bail while pre-sentence reports and a victim impact statement were obtained.

On return, a prosecution barrister said the victim’s young age was an aggravating factor as was the breach of trust. He pointed out the pre-sentence report indicated: “A lack of understanding of the victim’s viewpoint. There is apparently no remorse.”

A defence barrister conceded his client maintains his innocence but “accepts the verdict and has to deal with it”.

The defence handed in a letter “from a member of the community” at the request of the defendant’s family, to let the judge “see how the defendant is held in the community”.

He continued: “The victim’s impact statement (indicates) she is of the opinion my client has not been affected by this in any shape or form. That’s simply not true. There is great concern, should he go into custody, he wouldn’t cope. The idea of prison is feared greatly … (The defendant) has stated he doesn’t think he will last in custody.”

Judge Ramsey pointed out: “I appreciate he is concerned and distressed, but I feel that’s more to do with what’s facing him. I’m sure he realises the major mitigator was to plead guilty and spare the victim giving evidence. It very hard to see past that.”

In some instances of conviction after trial defendants do show a degree of remorse or regret, but he continues to show distorted thinking.”

It was disclosed the defendant, who appeared by video-link from his solicitor’s office, made certain comments during police interview in which he claimed to be “disgusted with himself” and acknowledged he was a grown up and the victim was a child.

But he denied the charge and since conviction maintains that position, said the Judge Ramsey who added “there hasn’t been a word of regret to provide a crumb of comfort to the victim.”

The defendant presented a medium likelihood of reoffending based on “distorted thinking, limited responsibility and victim blaming.”

Referring to a victim impact statement Judge Ramsey said the young girl described “becoming introverted, isolated and has struggled to cope.”

“She fears meeting the defendant in the future. During the trial, she felt disappointed and angry, asking herself ‘what’s the point?’ It was very difficult for her.”

Judge Ramsey decided the appropriate sentence was 18 months imprisonment, with nine months in custody and nine on licence.

The defendant was also placed under a SOPO for ten years and will remain on the Sex Offender Register for the same duration.

Because he was not in attendance for sentencing, Judge Ramsey ordered the defendant to present himself at Dungannon Courthouse where he was transferred to prison.