Prison for man who claimed indecent assaults were "banter"

Thursday 16 March 2017

A man has been sentenced to three years and nine months in prison after he was found guilty of four counts of indecent assault.

48-year-old Fergus Gerald Cullen was alleged to have indecently assaulted one man in 2010 and another in 2015 after inviting them back to his home for drinks.

Crown Advocate Simon Thomas, prosecuting, moved for a sentence of four years imprisonment. He argued that Cullen's actions constituted an "extended process of victimisation" and were aggravated by his use of alcohol to facilitate the assaults, as well as the subsequent psychological harm on the victims.

But defending Advocate James Bell maintained that the effects on Cullen's employment situation, as well as his previous good character, were sufficient for only three years imprisonment.

Handing down his sentence, former Bailiff and Royal Court Commissioner Michael Birt, who sat with six jurats, told Cullen: "It is clear... that your offending has affected [the victims]... Furthermore, there is no mitigation for a guilty plea and they both had to give evidence... It is clear that they both found that process distressing."

Commissioner Birt added that the Court had taken note of many "powerful" references from employers, friends and family, which described him as an "extremely popular and valued member of our team."

He was subsequently given three years and nine months imprisonment, and will be on the sex offenders register for at least five years.