A convicted sex offender caught in a car with a child he had previously sexually assaulted has been jailed for five and a half years.
Kevin Brazil (52), of Wainsfort Manor Grove, Terenure, Dublin, had four days earlier been given a suspended sentence for sexually abusing another child.
Dublin Circuit Criminal Court heard that Brazil received a three-year suspended sentence in July 2020 for offences of sexual assault dating back to 2002. He was on bail for these offences at the time of this latest offending.
The court heard he was also on bail for other offences of sexual assault dating back to 2002. He was subsequently sentenced in 2021 to two-and-a-half years imprisonment by Justice Michael White in the Central Criminal Court; a sentence which is due to expire on November 24th, next.
On Tuesday, Brazil appeared via video link from prison before Judge Elma Sheahan after he pleaded guilty to sexual assault at an unknown location in the state between January 1st, 2019 and August 2nd, 2020.
He also pleaded guilty to communicating by way of technology with a child for the purpose of facilitating the sexual exploitation of the child at an unknown location between January 2nd, 2019 and July 21st, 2020.
The court heard he sexually assaulted the boy while taking him on drives in his car. He gave the boy money when he met him, as well as cigarettes and alcohol, and on one occasion invited the boy to sleep in his home.
Brazil has 33 previous convictions, including a conviction for sexual assault in France dating back to the 1990s and convictions for sexually assaulting children in Ireland in the early 2000s. The victims in all matters age between nine and 14 years old.
Brazil was arrested by Detective Garda Mick McGrath of Tallaght Garda Station who saw him make a number of dangerous manoeuvres while driving and signalled for the car to stop. Inside the car with Brazil was a then 13-year-old boy.
Subsequent enquiries revealed Brazil's record and the mother of the 13-year-old made allegations of a sexual nature between her son and Brazil.
In her sentencing remarks on Tuesday, Judge Sheahan complimented the gardai for what she described as "excellent work" in apprehending Brazil.
The court heard that in prison, Brazil was working and attending all available classes and that, on release, he would be on the sex offenders register.
Judge Sheahan re-activated two years of the three-year term she had previously suspended in July 2020 and today imposed a consecutive term of three and half years for the latest offending.
She ordered that this five-and-half year term be consecutive to the term Brazil is currently serving which is due to expire on November 24th, next.
Antonia Boyle BL prosecuting said the boy first came into contact with Brazil after ringing his phone number by mistake. He began going on drives with Brazil while accompanied by one of his friends, with Brazil picking them up after calling him on the phone.
Brazil would give the boy money when they met, as well as cigarettes and sometimes alcoholic drinks. On one occasion he gave the boy €70 and credit for his phone.
While on the drives Brazil would proposition the boy to perform a sex act on him, offering the boy €700. When the boy said no, Brazil asked how much he was worth and the boy said “millions”.
A few times in the car Brazil touched the boy's leg, tickling near his thigh, and the boy would push him away. Brazil would tell the boy not to tell anyone that he was in the car with him.
Brazil once invited the boy to his home and told him to tell his parents that he was staying with friends. Brazil wanted the boy to sleep in his room with him, but the boy decided to sleep in another room.
While in this room the boy noticed a teddy bear with one red eye sitting on the dresser, which he put face down on the floor because it freaked him out. A while later Brazil came into the room and asked him if he did not like the teddy.
The boy only slept for an hour and Brazil gave him a lift home the next day. On the last occasion when he met with Brazil, he had been in the car with his friend who was dropped home shortly before the car was stopped by gardaí.
The court heard that there were no victim impact statements before the court.
Det Gda McGrath agreed with Patrick Gageby SC, defending, that the victim was always in the company of his friend when out driving with Brazil. He agreed that while the occasion where the victim stayed in Brazil's house “reeks of suspicion”, there was no assault on that occasion.
The detective agreed with counsel that before his client was convicted in 2020 he was working in a supermarket, but that this employment ceased when that conviction became known.
Mr Gageby said it would seem the more serious events were a bit closer to the victim turning 14. He said they “are wrong at any time”, but this might be a matter of some very small assistance to the court.
Counsel submitted that it could be said that due to the good work of gardaí this matter was “nipped in the bud”. He said he “will yield” to the fact that giving children money, cigarettes and drink is something that should never have been done.
He said that in the summer of 2020 his client appeared to be taking the right path and desisting, but unfortunately it appears now it was not so at all.