A Cork doctor found guilty of indecently assaulting a teenage girl 26 years ago has been jailed following an appeal.
Kevin Mulcahy, 57, of Creggan, Lombardstown, Mallow, Co Cork, had pleaded not guilty to a single charge of indecently assaulting the 15-year-old girl while on call to her family home on 23 December 1989.
He was found guilty by a jury after a retrial at Cork Circuit Criminal Court following 39 minutes of deliberations and was jailed for two years on 25 November 2015.
Mulcahy was granted bail in December 2015 by the Court of Appeal pending an appeal, the conviction aspect of which was dismissed earlier this month.
Giving judgment on Mulcahy’s unsuccessful conviction appeal, Mr Justice John Edwards said today that Mulcahy had regularly attended the girl’s home to treat her mother who had terminal cancer.
On one of these visits, the girl had a head cold and while examining her, Mulcahy indecently assaulted her.
He was arrested and interviewed in 2011 on foot of a complaint of indecent assault.
Mulcahy successfully appealed his sentence with the Court of Appeal holding that insufficient discount was given for mitigating factors.
Having regard to the particular circumstances of the case, Mr Justice Edwards said Mulcahy was a first time offender with previous good character and he would suffer very significant additional consequences “admittedly through his own fault” by losing his income and profession as a result of his conviction.
In addition, members of his family had been greatly affected by the case. He was the sole carer of his elderly father.
Mr Justice Edwards, who sat with Mr Justice George Birmingham and Mr Justice Alan Mahon, resentenced Mulcahy to 12 months imprisonment.
Mr Justice Birmingham informed Mulcahy that he was now on the sex offenders register. Non-compliance with his obligations in that regard would be an offence, he was told.
He was led away to serve the balance of his sentence. He had served less than a month in prison before being granted bail by the Court of Appeal.