BRIAN DOOLAN'S SHOCKING CRIMES IN DUBLIN: SEX OFFENDER'S FALL FROM GRACE
In April 2019, the High Court in Dublin examined the case of Brian Doolan, a former law lecturer and prominent legal author, who found himself at the center of a controversial disciplinary dispute within the Irish prison system.Doolan, aged 73 at the time, had been serving a ten-year sentence for serious sexual offenses committed against his nephew, Stephen Kershaw.
The court's focus was on whether Doolan was afforded fair procedures during his disciplinary hearing after allegations surfaced that he used prison phone privileges to facilitate malicious activities against his victim.
According to court records, the incident stemmed from information received by the prison authorities in September 2017.
It was reported that Doolan’s son, Christian Doolan, had created a website containing damaging material aimed at discrediting Stephen Kershaw.
The website included derogatory comments and a photograph of the victim from his childhood, raising serious concerns about the nature of the content and its origins.
Investigations indicated that the material on the website was likely transmitted through phone calls and visits between Doolan and his son, prompting the prison authorities to act.
During the disciplinary hearing, Doolan requested access to transcripts of the phone calls and screenshots of the website to defend himself.
However, these requests were denied by the prison governor, who concluded that Doolan had breached prison discipline by engaging in bullying and harassment, thereby disrupting good order and discipline within the facility.
As a consequence, Doolan was subjected to a 30-day suspension of his phone and visitation privileges.
This disciplinary action was based on the belief that Doolan had used his privileges for nefarious purposes, including harassment and intimidation of his victim.
Following the disciplinary decision, Doolan challenged the sanctions by petitioning the Minister for Justice to revoke the punishment.
Simultaneously, he sought a judicial review in the High Court, arguing that his rights to a fair hearing had been violated.
When Doolan indicated his intention to petition the minister, he was provided with the transcripts of the phone conversations and screenshots of the website, which he had previously been denied access to during the disciplinary process.
The court examined whether the disciplinary procedures adhered to the standards set out by the European Convention on Human Rights.
Ms Justice Deirdre Murphy ultimately ruled that Doolan’s right to a fair hearing was compromised because he was denied the opportunity to examine critical evidence—specifically, the transcripts and website screenshots—before the disciplinary decision was made.
She emphasized that such evidence was essential for Doolan to mount an effective defense and that the failure to provide it rendered the governor’s ruling unlawful.
The judge clarified that the principles of fair trial only apply in cases involving more serious breaches that could lead to further loss of liberty, but in this instance, the procedural shortcomings were sufficient grounds to invalidate the disciplinary outcome.
Furthermore, the court noted that the process of petitioning the Minister for Justice, which was still pending some 13 months after the initial submission, appeared to be flawed and potentially challengeable.
Doolan’s legal arguments concerning the lawfulness of the petition procedure were not directly addressed, as the court’s primary focus was on the invalidity of the disciplinary ruling.
Looking back at Doolan’s criminal history, it is evident that his case has garnered significant public and legal attention.
In May 2017, Doolan, a well-known academic and author of a widely used legal textbook now in its eighth edition, was convicted of sexually abusing his nephew, Stephen Kershaw.
The charges included 44 counts of sexual abuse, with 11 counts of rape, to which he pleaded not guilty.
He was ultimately convicted on 42 charges and received a 12-year sentence, with two years suspended.
Doolan’s victim, Kershaw, has since spoken publicly about his traumatic experience, criticizing the justice system for what he perceives as inadequate support and fairness during the trial.
Prior to his incarceration, Doolan had a distinguished career as a criminal barrister and law lecturer at Dublin Institute of Technology.
His scholarly work, particularly his legal textbooks, was highly regarded within academic and professional circles.
Interestingly, during the period when he was under investigation, Doolan was working on a book that included chapters on children’s rights under the law, raising questions about the timing of his scholarly pursuits in relation to his criminal activities.
In the early 1990s, Doolan became one of the first single men in Ireland to adopt a child from abroad, although his history of abuse was not known to authorities at that time.
His adopted son, originally from Eastern Europe, is now an adult living in Dublin.
Additionally, records indicate that Doolan registered a false birth in Dublin in 1984, using a fictitious address in Castleknock, as part of a scheme believed to be aimed at traveling to Asia to acquire another child for illegal adoption.
These actions, combined with his criminal convictions, have cast a long shadow over his reputation and raise ongoing concerns about his conduct and character.
