By Brion Hoban
A convicted sex offender was caught in a car with a child he had previously sexually assaulted four days after receiving a suspended sentence for sexually abusing another child, a court has heard.
Kevin Brazil (52) sexually assaulted the boy while taking him on drives in his car.
He gave the boy money when he met with him, as well as cigarettes and alcohol, and on one occasion invited the boy to sleep in his home.
Dublin Circuit Criminal Court heard Brazil received a three year suspended sentence in July 2020 for offences of sexual assault dating back to 2002.
He was on bail for these offences at the time of this latest offending.
The court heard he was also on bail for other offences of sexual assault dating back to 2002 at the time of this latest offending.
He was subsequently sentenced in 2021 to two-and-a-half years imprisonment by Justice Michael White in the Central Criminal Court.
Brazil of Wainsfort Manor Grove, Terenure, Dublin, pleaded guilty to sexual assault at an unknown location in the state between January 1, 2019 and August 2, 2020.
He also pleaded guilty to communicating by way of technology with a child for the purpose of facilitating the sexual exploitation of the child at an unknown location between January 2, 2019 and July 21, 2020.
He has 33 previous convictions, including a conviction for sexual assault in France dating back to the 1990’s and convictions for sexually assaulting children in Ireland in the early 2000’s.
The victims in all matters age between nine and 14 year’s old, the court heard.
Detective Garda Mick McGrath told Antonia Boyle BL, prosecuting, that on July 21, 2020, he observed Brazil making a number of dangerous manoeuvres while driving and signalled for the car to stop. Inside the car with Brazil was a then 13-year-old boy.
Det Gda McGrath said gardaí made enquiries as to the nature of Brazil’s relationship with the child.
They were contacted by his mother three days later, who informed them that her son had made disclosures including allegations of a sexual nature.
The boy first came into contact with Brazil after ringing his phone number by mistake.
He began going on drives with Brazil while accompanied by one of his friends, with Brazil picking them up after calling him on the phone.
Brazil would give the boy money when they met, as well as cigarettes and sometimes alcoholic drinks. On one occasion he gave the boy €70 and credit for his phone.
While on the drives Brazil would bring up blowjobs and cocaine. He told the boy that he would pay people to give him blowjobs.
On one occasion, Brazil told the boy he would give him €700 if the boy gave him a blowjob.
When the boy said no, Brazil asked how much he was worth and the boy said “millions”.
A few times in the car Brazil touched the boy’s leg, tickling near his thigh, and the boy would push him away.
Brazil would tell the boy not to tell anyone that he was in the car with him.
Brazil once invited the boy to his home and told him to tell his parents that he was staying with friends.
Brazil wanted the boy to sleep in his room with him, but the boy decided to sleep in another room.
While in this room the boy noticed a teddy bear with one red eye sitting on the dresser, which he put face down on the floor because it freaked him out.
A while later Brazil came into the room and asked him if he did not like the teddy.
The boy only slept for an hour and Brazil gave him a lift home the next day.
On the last occasion when he met with Brazil, he had been in the car with his friend who was dropped home shortly before the car was stopped by gardaí.
The court heard that there were no victim impact statements before the court.
Det Gda McGrath agreed with Patrick Gageby SC, defending, that the victim was always in the company of his friend when out driving with Brazil.
He agreed that while the occasion where the victim stayed in Brazil’s house “reeks of suspicion”, there was no assault on that occasion.
The detective agreed with counsel that before his client was convicted in 2020 he was working in a supermarket, but that this employment ceased when that conviction became known.
Mr Gageby said it would seem the more serious events were a bit closer to the victim turning 14.
He said they “are wrong at any time”, but this might be a matter of some very small assistance to the court.
Counsel submitted that it could be said that due to the good work of gardaí this matter was “nipped in the bud”.
He said he “will yield” to the fact that giving children money, cigarettes and drink is something that should never have been done.
He said that in the summer of 2020 his client appeared to be taking the right path and desisting, but unfortunately it appears now it was not so at all.
Judge Elma Sheahan remanded Brazil in custody and adjourned the matter for finalisation to April 26, next.
Sentencing Brazil in July 2020, Judge Sheahan said that had matters been properly prosecuted by the state, the accused would not now be facing these charges at this remove. She said that if not for “the unconscionable delay of the state” a custodial sentence would be inevitable.
She sentenced Brazil to three years imprisonment, but said because he acknowledged his guilt in 2002 and has not offended since his release from custody, the principle of proportionality was best served by suspending the entirety of the three year sentence for a period of three years.
Brazil pleaded guilty at Dublin Circuit Criminal Court to seven counts of sexually assaulting a child in the city on unknown dates between April 1, 2002 and June 30, 2002.
The court heard that Brazil had approached the child on a street and arranged for him to come to his flat he previously lived in, where he abused him.
He met him a number of other times over the following months.
After the boy made a complaint to gardaí, Brazil was interviewed by gardaí.
He told gardaí that he had performed oral sex on the boy and that he had given the boy money and cigarettes.
In 2004, Brazil was sentenced to three years imprisonment with the final year suspended for 16 counts of sexually assaulting a child between March 2000 and July 2002.
Superintendent Barry Walsh told Mr Gageby that he was not in a position to say why a file had not been sent to the DPP regarding the other offences.
Superintendent Walsh said that he was the investigating garda in relation to allegations that were prosecuted in 2004 and that he was unaware at the time of these other offences.
Mr Gageby said that the delay in prosecuting this case was not the fault of his client.
He said his client has not offended since being released from custody.
Judge Sheahan said that if a file had been sent to the DPP after Brazil made admissions in 2002, it most likely would have been prosecuted alongside his other convictions for sexual assault.
The judge said that understandably the victim faced great anxiety because of the failure to bring closure to these matters.
She said that, in fairness to Brazil, this cannot be laid at his door as he made admissions in 2002 and pleaded guilty when charges were brought against him.
Superintendent Walsh told Ms Boyle that in April of 2002, Brazil approached the victim on a street in Dublin city centre.
Brazil later made an arrangement with the boy to come to the accused’s apartment.
In the apartment, Brazil asked the boy to sit on his knee and then asked him if he wanted “to do some stuff with him”.
Brazil took the boy’s trousers down and performed oral sex on him.
As he was leaving the apartment, Brazil gave the boy €40 and told him not to tell anyone.
Similar incidents occurred over the three month period.
On one such other occasion, Brazil rang the boy’s mother claiming to be the father of a friend of his and asked if the boy could stay in his home for the night.
Brazil told the boy he would wash his clothes and got the boy to strip naked before going to bed.
The boy woke in the middle of the night to find Brazil on top of him, naked and grinding their genitals together.
This continued for around 10 or 15 minutes.