A judge whose controversial remarks caused a public backlash while sentencing a prolific offender against females who sexually attacked a woman he met through a dating website, has been spoken to by the Lady Chief Justice.
Judge Brian Sherrard KC encouraged Cathal Patrick Feeney to move on with his life, and: “Find a wife or partner, and get a family and a home together.”
Aged 36 and from Main Street, Beragh he was originally charged with raping the victim in her home, but later accepted a lesser charge of sexual assault.
He and the victim met through the ‘Plenty of Fish’ site enjoying a night out without incident.
However during a second date over dinner in a hotel on March 7, 2020, the victim became uncomfortable, describing Feeney as “paranoid and argumentative".
She went home but within minutes, Feeney arrived at her door.
While she agreed to let him in she warned of: “No funny business.”
However Feeney sexually assaulted her and when calmed he said: “It’ll be alright. We’ll talk in the morning.”
When first charged a police officer said Feeney: “Is considered dangerous to females. He has 67 previous offences, some of which are domestic in nature. He is managed by a specialist unit as a violent offender.”
Dungannon Crown Court heard Feeney was drunk at the time of offending and ignored the victim’s objections.
Instead, he: “Prioritised himself and ran roughshod over her concerns.”
Eight women have taken out Non-Molestation Orders against him over time, including his mother and grandmother, and he has numerous convictions for assaults and breaches of court orders.
A Probation Officer considered Feeney to be dangerous, but Judge Sherrard rejected this.
In addition, a prison chaplain Father Michael Bingham, now deceased contended: “The character image of the defendant being a menace to vulnerable women is one I find hard to reconcile given his moral sensibilities.”
Imposing a four-and-half-year prison sentence, which has been served on remand, Judge Sherrard told Feeney: “You are still a young man. There’s nothing that will stop you moving on with your life in a more productive way, finding work or finding a wife or partner, getting a family and a home. The order imposed is the lightest touch I can afford.”
A Sexual Offences Prevention Order was also imposed however the Judge refused to ban Feeney from contacting females by the internet as “I do not want him excluded from normal life. It’s not the online contact which proved problematic but rather the behaviour afterwards".
The comments sparked fury with Sinn Fein’s Linda Dillon MLA and Democratic Unionist Diane Forsythe MLA making formal complaints to the Lady Chief Justice, the most senior of Northern Ireland’s judiciary.
She in turn confirmed: “I am aware of the concerns about the comments made by His Honour Judge Sherrard when sentencing a defendant at Dungannon Crown Court on Friday, October 7. I acknowledge that these comments have caused legitimate concern.
"I have considered the full transcript of the judge’s sentencing remarks and I have spoken to him. I have provided advice and guidance to the judge in relation to these matters. In light of the importance of this issue generally I have also arranged for further guidance and training for all the judiciary, to address these concerns.”
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