Former Christian Brother and school principal jailed for indecent assault of child

By Niamh O’Donoghue

A former Christian Brother and headmaster who indecently assaulted a young boy over 40 years ago has been jailed

John Merrick (78) pleaded guilty at Dublin Circuit Criminal Court to one count of indecent assault on the then 10-year-old at St Vincent’s Primary School, St Philomena’s Road, Glasnevin on a date between September 1, 1979 and June 30, 1980.

The victim came forward after reading a newspaper report when Merrick was previously sentenced to 12 months’ imprisonment on June 11, 2024 for indecent assaults on two complainants on dates between September 1977 and June 1978.

Yesterday, Merrick, of Portmarnock Park, Portmarnock, was given a nine month sentence with the final five months suspended by Judge Pauline Codd.

The court heard Merrick joined the order when he was 14 and left in 1982 after meeting his wife the previous year.

He worked as a school teacher until 1986 when his first offending came to light and then became a tour guide.

Olan Callanan BL, defending, said his client paid his own legal fees which has had “a financial toll on him”.

Detective Garda Philip Cunningham told the court Merrick was a principal or headmaster of St. Vincent’s School at the time of the offending.

The victim gave a statement in which he said corporal punishment was part of school life at the time and would have been administered by Merrick in his office.

The injured party said that Merrick was rubbing his back and opened the buttons on his shirt.

Merrick then started to rub the victim’s nipples and slid his hand down the back of his trousers and inside his underwear.

The victim said Merrick was rubbing his buttock cheeks and kept touching and moved his hand underneath and started fondling his testicles.

During the time he was fondling him, he was saying “you are a good boy” .

The injured party said it went on a few minutes but stopped when the school secretary came into the office.

The injured party said he was crying and upset and did not tell anyone immediately as he was only 10 at the time, but he later told his mother.

He said he came forward when he was 55 following a newspaper article he saw in June 2024 where the injured party in that case asking for other victims to come forward.

In interview, Merrick confirmed he was headmaster of the school.

In relation to the specific conduct, he said he could not really recall but did not deny specifically anything the victim said.

He has 21 previous convictions for similar offences of indecent assault, the court heard.

A victim impact statement was read to the court by Sarah Connolly BL, prosecuting, in which the injured party said he suffers from flashbacks from being abused as a child.

“This affected me from childhood to adulthood,” the victim said.

“I wish I could let the little boy go free from inside my head but I don’t know how to,” he added.

In mitigation, Mr Callanan asked the judge to take account of his client’s early guilty plea.

He said he met his wife in 1981 and left the order in 1982. Counsel said he worked as a teacher until 1986 when the first offending came to light and then worked as a tour guide.

Six references were handed into the court including one from his wife who said he has been shunned by his children and his neighbours.

Mr Callanan said it was a “poignant letter” from a lady who had suffered the “caustic” effect of her husband’s actions.

Judge Codd noted Merrick went into the order at a very young age.

“I don’t hear an expression of remorse,” said Judge Codd.

“How do you vindicate the rights of a victim 40 years later,” asked the judge.

Sentencing Merrick, Judge Codd noted he had 21 previous convictions.

She noted Merrick entered the Christian Brothers at the age of 14 in a “much less open society”.

The judge noted that apart from these offences there was no other type of criminal behaviour.

However she said this is “serious criminal behaviour” and she said the court heard evidence he was principal of St Vincent’s Primary School and the victim was then 10 years old.

A single count of indecent assault, which carries a penalty of two years if the commission of the offence was before 1981, the court heard.

The judge said the aggravating factors were the breach of trust, and the second was the age disparity.

In mitigation she said she took account of his guilty plea and Merrick’s background and the effect his offending has had on his own life, in that he is socially ostracised.

She also noted Merrick undertook counselling with the Grenada Institute – a treatment centre for those who sexually abused children, which the judge said “appears to be effective” as he had not offended since.

The judge also noted he underwent restorative justice with another complainant in 2017.

However the judge said the offending conduct was “egregious” and warranted a custodial sentence.

She gave him a nine-month sentence but suspended the final five months of it.