By Sonya McLean
Two brothers have been jailed for the rape and indecent assault of three young children at their family farm almost 40 years ago.
Neville Moody (52) of Cherryville, Kildare Town was convicted following a trial at the Central Criminal Court sitting in Tullamore, Co Offaly of two counts of raping his young niece and one count of indecently her brother on dates between January 1, 1987 and December 31, 1989.
His brother Norman Moody (53) of Clonsast, Bracknagh, Rathangan, also Kildare, pleaded guilty on the morning of his trial at the Central Criminal Court to three counts of indecently assaulting the same girl and one count of indecently assaulting a second niece also on dates between January 1, 1987 and December 31, 1989.
The three complainants, siblings Charlotte, Annette and Kenneth Moody, waived their anonymity to allow the Moody brothers to be named in the reporting of the case.
They are the nieces and nephew of the two men.
They were aged between four and half and eight years old at the time of the offence and had been living in a mobile home on the brothers’ farm at Clongarret, Clonbullogue, Co Offaly.
Mr Justice Kerida Naidoo sentenced Neville Moody to a consecutive term of nine years before he suspended the final year of the sentence for two years.
He sentenced Norman Moody to consecutive term of four and half years with the final six months suspended for six months.
Mr Justice Naidoo noted that Neville Moody raped Charlotte Moody when she was between five and eight years old at the family farm after she was instructed to go to the main house from their mobile home to carry out simple errands.
The judge noted that there was evidence during the trial that the rapes occurred on a regular basis and Neville often used a plastic shopping bag as a condom.
There was also evidence from a witness who said she met the young girl in “extreme emotional distress” around that time and there was blood on her clothes that “appeared to be around the vagina area”.
The trial heard that Kenneth Moody was also indecently assaulted by Neville Moody when the teenager rubbed his penis against the young boy – then aged between six and eight years old – in what Neville Moody said was a game called “the cow and bull”.
The brothers were challenged about the abuse at the time and the children were not interfered with again.
Complaints were not made to the gardaí until 2020 when Charlotte reported the abuse. Neville was arrested but denied the allegations in a subsequent garda interview. He claimed that Charlotte and Kenneth were lying.
Norman Moody pleaded guilty to indecently assaulting Charlotte Moody during the same time period which involved him making the young girl touch his penis. He was aged between 16 and 19 years old at the time.
He also admitted indecently assaulting Annette Moody when she was around four and half years old by putting his penis in her mouth. She said he held her head in his hands during the abuse and she felt she was going to be smothered.
Mr Justice Naidoo noted from the victim impact statements before the court that Charlotte “eloquently expressed” the immediate and long-term impact of the rape and sexual abuse on her.
He said she stated that she had repeatedly relived the trauma as a teenager and wished that “God would take her” praying that she would be given cancer or “any disease going”. She said she wished she had never been born.
The judge noted that Annette felt helpless and angry and expressed how she was made “feel like a toy”. She continues to be haunted by graphic flashbacks.
Kenneth Moody said he didn’t form a proper relationship with his mother because of the abuse and stated how he found it difficult to come forward with the complaint.
Mr Justice Naidoo said Neville was a minor throughout the offending, noting that his “immaturity reduces his moral culpability” – and that he “lacked maturity and experience of human relationships at the time”.
However, he added that the abuse was “not innocent sexual experimentation” and that he does not appear to have developed any meaningful insight into the harm he caused his niece and nephew.
Mr Justice Naidoo accepted that Neville had no previous convictions, has not come to garda attention since and was deemed to be at a low risk of re-offending.
He imposed consecutive sentences of nine years before he suspended the final year of the sentence for two years.
Mr Justice Naidoo took into account that Norman was also young at the time of the offending and again noted that the abuse was “not innocent sexual experimentation”.
However, he noted that Norman Moody pleaded guilty and “appears to have genuine remorse and insight into the offending”.
He imposed consecutive sentences totalling four and a half years before he suspended the final six months for a year on strict conditions.
Mr Justice Naidoo thanked Charlotte, Annette and Kenneth Moody for their attendance, adding that he understood “how difficult these things are for you”.
“It is vitally important that you came forward,” Mr Justice Naidoo said acknowledging that by reporting the abuse, they may help others who have been impacted in a similar manner to make complaints to gardaí.