Man who raped stepdaughter and escaped from jail back behind bars

Sonya Mclean

A woman who was raped and sexually abused by her stepfather as a young child has praised the dedication of the detective who worked on the case for over 25 years.

Christina Hayes (36) indicated that she wished to waive her right to anonymity to allow her step-father, Tommy Barry, to be named in reporting of the case.

Barry (67) was jailed for 12 and a half years on Monday by Judge Karen O’Connor at the Central Criminal Court.

Hayes stated in her victim impact statement that now-retired Detective Garda Maria Flynn “never stopped seeking justice on my behalf,” praising the investigator’s “dedication and persistence”.

She further acknowledged her primary school teacher, who alerted authorities in early 1999, when the then seven-year-old girl filled out a worksheet during school which stated: “I feel disappointed when my Da has sex with me.”

The teacher reported the incident to the HSE, the girl was moved from her family home to live with her grandparents and gardaí were alerted.

“Her actions helped to bring the truth to light,” the woman stated, thanking her teacher for the support she gave her as a small child. “I will always be forever grateful to her,” she said.

Barry (67), of St Jude's Gardens, Dublin 1, denied any wrongdoing.

He was convicted by a Central Criminal Court following a two-week trial in January this year of six sample counts of sexual assault and two sample counts of rape of the child when she was between six and seven years old on dates between 1996 and 1998.

Eloquent victim statement

Hayes said in her victim impact statement, described by the sentencing judge as “one of the most eloquent victim impact statements I have ever received”, how she suffered from depression and anxiety, how her mental health suffered and her relationships with men were impacted.

“The abuse affected my sense of self-worth, how I saw myself and how I let others treat me. It influenced the choices I made,” she said.

She said she has worked hard to build a life for herself and her young daughter, stating that she is determined to protect her child and to ensure that “she grows up safe and valued”.

“I lost the person I could have been without the world of abuse and the ripple effects,” she said, outlining the life-long consequences this has had for her.

She spoke of carrying the weight of the shame, fear and anger.

“The child I once was deserves to be heard. A child who had no voice and could not protect herself. I am speaking for that little girl who was robbed of her potential,” Hayes said.

She said she finds it “deeply painful” that Barry has shown no remorse, even though he has had such a long time to reflect on his actions.

“It is as if the harm I suffered has been dismissed. No child should ever have to experience abuse from someone they trust,” Hayes said, adding that she still attends therapy and will most likely have to continue to do so.

“I will not let if define who I am – I will be the best mother to be daughter and make sure that she will have the childhood I never had. It will be my life’s mission to not let it define who I am,” she said.

Det Gda Flynn, who is now retired, told Eilis Brennan, prosecuting, that she first became involved in the case when a statement was taken from the child in April 1999. She initially made only allegations of sexual assault and did not tell officers that the man had also raped her.

At the time Barry was serving a prison sentence, and Det Gda Flynn put in a request to question him – she needed to look for permission from the prison authorities at that time. That permission was granted but Barry refused to meet her.

Prison escape

She asked to be informed as soon as Barry was released from prison, but in July 1999, having been moved to Shelton Abbey prison, he escaped from jail. The detective put out on a warning on the Garda Pulse system and continued to make enquiries as to Barry’s whereabouts over the years.

In 2003, she received information that he had been working in a pub in the UK. She made attempts to locate him but was unsuccessful.

In early 2016, Det Gda Flynn was informed that there was a photograph of Barry on Facebook from two or three years previously, and she started the search again. This ultimately led to a fingerprint check in July 2016 with the UK authorities.

A positive match was identified, and it transpired that Barry had been living under a number of different aliases.

Hayes was then asked to review the statement she had made 17 years previously, and she indicated that Barry had raped her. This enabled the gardaí to upgrade their investigation, and Det Gda Flynn secured a European Arrest Warrant.

Barry was charged and extradited back to Ireland to face trial in January this year.

Barry has a number of previous convictions from Ireland, Scotland and England under a few different names, including indecent assault of a female in 1986 for which he received a three-year prison sentence. He also has convictions for aggravated burglary, assault, robbery, arson and theft.

His offending spans from the early 1970s to 2004.

Dominic McGinn, defending, told the court that he has “no instruction” from Barry in relation to the verdict.

Sentencing Barry, Judge Karen O’Connor acknowledged the work of Hayes's primary school teacher, who she said “was extraordinarily attentive and thoughtful in how she addressed matters when a young child was making such comments”.

She noted the comments “clearly indicated” that the young child was more knowledgeable of sexual matters than she should have been.

O’Connor referred to the fact that the teacher already had her suspicions when she handed the class out a worksheet in November 1998, which was returned the following January with the child’s comment: “I feel disappointed when my Da has sex with me”.

The judge referred to the teacher’s evidence during the trial that in all her years teaching both in Ireland and another jurisdiction, she had “never ever” come across a child filling out a worksheet in such a manner.

O’Connor also referred to how Barry caused a delay in the case progressing, including absconding from prison in Ireland and using different aliases when he lived in the UK.

She said it was “a particularly egregious violation of a young child”.

“The level of depravity is incalculable,” O’Connor said before she set a headline sentence of 14 and a half years for the rape offence and eight years for the sexual assault offences.

She then imposed concurrent sentences of 12 and a half years and six and a half years in prison. The sentence was backdated to when Barry first went into custody.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.