PATRICK ELLIS SENTENCED IN DUBLIN FOR SEXUAL ASSAULTS DESPITE INSANITY VERDICT IN MURDER CASE

In a recent development in Dublin, Patrick Ellis, aged 31, has been sentenced to 18 months in prison by the Dublin Circuit Criminal Court after admitting to sexually assaulting a teenage boy. The court proceedings revealed that Ellis, residing on Dromard Road in Dublin, pleaded guilty to three separate incidents of sexual assault involving the then 15-year-old victim, which occurred in 1992.

This case follows a previous and highly significant legal matter involving Ellis. On June 6th, 1987, a jury at the Central Criminal Court found Ellis guilty but insane of the murder of his friend James Cogan, who was 17 years old. The murder trial, which lasted for 13 days, uncovered that Cogan's body was discovered in a field near Baldonnel Airport on June 18th, 1986. The victim had been subjected to severe battering, leading to his death.

During the sentencing for the sexual assault charges, Judge Cyril Kelly commented on the nature of Ellis's character and the evidence presented. The judge noted that reports indicated Ellis was a practicing homosexual but did not appear to have paedophile tendencies. The case also involved a pornographic video with homosexual content, which was considered a factor in the offences. The judge emphasized that Ellis did not consider the victim’s age when committing these acts, highlighting a troubling disregard for the victim’s youth.

Judge Kelly commended the Gardaí (police officers) for their 'sensitive handling' of the case. Testimony from a Garda involved in the investigation detailed that the offences included two instances of masturbation and one of oral sex. When questioned, Ellis cooperated fully and provided a statement. He explained that the first offence occurred when he and the victim watched a pornographic film that aroused both of them. He claimed that the second incident took place outdoors at a later date, initiated by the victim, and the third in a bedroom. Ellis insisted he never intended to harm anyone, asserting that his actions were driven by sexual arousal rather than malicious intent.

Defense counsel, Mr. Barry White SC, along with Mr. Hugh Hartnett, argued that Ellis was never considered legally insane by mental health experts at the Central Mental Hospital, despite being committed there following his murder trial. Mr. White explained that the jury was given the option of a 'guilty but insane' verdict by Mr. Justice O’Hanlon, a decision that was controversial and opposed by both the prosecution and defense at the time. This verdict, he noted, was a special verdict that could not be appealed.

Ellis’s legal journey post-murder trial was complex. Justice O’Hanlon initially ordered Ellis’s release on August 1st, 1989, but he was re-committed to Dundrum Psychiatric Hospital on February 9th, 1990. The Supreme Court later ruled in June 1990 that the trial judge had erred, leading to Ellis’s release again on June 26th, 1990, and the case being sent back for review. After further hearings, Justice O’Hanlon ordered Ellis back to Dundrum on July 19th, 1991. Ultimately, Ellis was released from Dundrum on November 21st, 1991, by then Minister for Justice, Mr. Ray Burke, following a report from a committee of experts. This committee, established in September 1991, advised that continued detention was unwarranted in both public and private interests.

Throughout these proceedings, medical testimony played a role. Dr. James Behan, a psychiatrist involved in the case, stated that Ellis had suffered a migraine attack associated with a form of epilepsy and was in an 'autonomous state' at the time of the murder of James Cogan. Despite his release, Ellis’s past and mental health history continue to be a matter of public concern, especially given the serious nature of his previous conviction and the recent sexual assault charges.