Journalist jailed after
sex assault on schoolgirl
by Tomás Mac Ruairi
A PROMINENT journalist who sexually assaulted a teenage schoolgirl in an hotel bedroom in 1994 and 1995 has been jailed for seven years by Judge Cyril Kelly at Dublin Circuit Criminal Court.
Frank Hamilton, who was editor of the now closed Limerick Weekly Echo and a former senior press officer with Shannon Development, was given two consecutive sentences of three-and-a-half years by Judge Kelly.
The court heard that gardaí and customs officers found 69 child and bestial pornographic videos in a raid on a Limerick premises where they encountered Hamilton. He made two full statements of admission of his role in sexual activities with schoolgirls.
Hamilton, formerly of Shanaboolly Avenue, Ballynanty, Limerick, pleaded guilty in March to sexually assaulting one girl, now aged 16, on two occasions on unknown dates between July 10 and November 30, 1994, and January 1 and July 30, 1995, at Jurys Inn, Christchurch, in Dublin.
Detective Garda Gillian Ryan told Judge Kelly that Hamilton said he liked young girls with big breasts.
Judge Kelly said there was nothing in the probation or psychotherapy reports before the court which indicated Hamilton had anything but sexual fantasies about young girls. "In my view, he will pose a continuing threat to girls of this age," he said.
Judge Kelly added: "The fact that the offences as shown by the evidence were premeditated, planned and arranged and the hotel paid for, and that he should have known she was under age from the first offence makes these two distinct offences, so that the sentences must be consecutive".
Det Gda Ryan told prosecuting counsel Mary Ellen Ring BL that Hamilton received the pornographic videos at the Limerick address under an alias. The man whose name was used was unaware of the fact.
The name and address had become known to gardaí in an investigation and a search warrant had been issued to allow a search of the premises.
Det Gda Ryan agreed with defence counsel Michael McDowell SC (with Luigi Rea BL) that the girl in the charges to which Hamilton pleaded guilty was "a willing participant", and that the "pimp" who procured her was present in the bedroom during the assaults. She also agreed with Mr McDowell that Hamilton had helped gardaí identify the "pimp" who was now before the court in relation to this matter. The girl had refused to co-operate in the preparation of a victim impact report.
Mr McDowell handed in copies of what he claimed were misleading press reports with information that had not come into the public domain. Since he pleaded guilty in March, Hamilton had been viciously attacked twice, his home had its windows shattered and he had to move house three times
Mr McDowell claimed "a careful feed to the media of information" was carried on with the prostitution element kept out. The object appeared to be to reduce Hamilton in the public eye to the level of vermin.
The papers concerned kept claiming the girl involved was 12 years old. Whoever leaked the information gave the media one view of the case which led people to believe he took a young girl to an hotel and then viciously sexually assaulted her. That was an unbalanced view of the facts.
Mr McDowell said the fact that the girl was not an unwilling participant, but had been seduced into an evil form of child prostitution by another man, didn't excuse Hamilton's offending. He had become the victim of his own sexual appetites but the court should have the full facts behind the stark charge of sexual assault.
Det Gda Ryan, of the Domestic and Sexual Assault Unit of the Garda National Bureau of Crime Investigation, told Ms Ring the sexual assaults took the form of Hamilton fondling the girl's naked body, kissing her vaginal area and having her perform oral sex on him. She was aged 14-15 years at the time.
The girl revealed that another man before the court had befriended her when she was aged 10-11 years and had "groomed" her for child prostitution. He would bring her under an alias to the hotel to meet Hamilton who would pay him £40-£50 after each session.
Det Gda Ryan said Hamilton made contact originally with this man and the girl through advertisements in Hot Press and In Dublin.
Hamilton made two voluntary statements and revealed his marriage had collapsed after his wife found pornographic material in the house.
Det Gda Ryan agreed with Mr McDowell the girl refused point blank to discuss "sexual assaults" and became very angry when the subject was mentioned to her. She would not co-operate at all with a victim impact report.
Det Gda Ryan agreed also in reply to Judge Kelly that the girl allowed herself be photographed in lieu of money she borrowed from the "pimp" and owed him. She and the other girls willingly engaged in sexual activities with this man and became involved in child prostitution.
A third man who had been prosecuted arising out the same investigation, had been fined £3,500 in the District Court. Det Gda Ryan was unable to tell Judge Kelly if the State was appealing this sentence.
Pressed by Mr McDowell if she would agree the girl was "sexually mature" and "had a mind of her own", Det Gda Ryan replied: "She was willing in so far as she started all this when she was 11 or 12 years old and was not working under compulsion".
The court heard Hamilton had no previous convictions and was unemployed but had worked as a journalist in the Limerick and Clare areas. Hamilton was married but separated and had two, now adult, children.
The court had received glowing written testimonials from friends which tended to display Hamilton in another light.
Judge Kelly said the defence had complained that Hamilton had been reduced by media reports to the level of vermin in the public eye. It was right that the public be concerned about deviant behaviour in relation to children.
Judge Kelly refused leave to appeal severity of sentence.
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