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May 28, 2004
Conspiracy or Coincidence
Edward Patrick Hernon
In 1990, in the
course of a separation Mr J.W.H. was accused by his ex-partner of inappropriate
touching of his daughter. The matter was referred to the dedicated unit for the
investigation and validation of child sexual abuse, St Louise's, situated in
Our Lady's Hospital for Children, Crumlin,
In January of 1996 it became public knowledge that the leading expert in child
sexual cases, one Dr K.C.M. (Moira) Woods of the Sexual Assault Treatment Unit
of the
The complainant in the case against Dr Moira Woods was Dubliner, Edward Patrick
Hernon. Dr Moira Woods had falsely accused Edward Hernon of incest and child sexual abuse. The Eastern Health
Board were involved in the case of Edward Hernon.
In mid-1996 the Eastern Health Board contacted Scotland Yard asking them to
investigate Mr J.W.H. then married and living in
Mr J.W.H. voluntarily returned to
Eventually, in 1999 the case came before judge and jury in the Central Criminal
Court. After a five day hearing Mr J.W.H. was found guilty of the charges and
was sentenced to 12 years imprisonment in Arbour Hill with the last 3 years
suspended. An appeal against the conviction and sentence of Mr J.W.H. was
lodged to the Court of Criminal Appeals.
Mr J.W.H. was to spend 2 years incarcerated in Arbour Hill.
When the appeal of Mr J.W.H. eventually came before the Court of Criminal
Appeal on the 3rd December 2001, the three judge court quashed the conviction
and sentence of Mr J.W.H. A retrial was ordered. The decision was based on a
six year delay in prosecuting the case and the delay appeared to have been
related to the papers being lost somewhere in the prosecution service. In the
circumstances, the court had an element of unease about the safety of the
conviction and would quash it and order a retrial. The court also ordered that
Mr J.W.H be released on bail.
The date set for the retrial of Mr J.W.H. was to be May of 2004.
In early 2004 Judicial Review proceedings against the Director of Public
Prosecutions (DPP) were brought and heard in the High Court on behalf of Mr
J.W.H.
On the 2nd of April 2004 judgement was delivered by Mr Justice Murphy of the
High Court. Judgement was in favour of Mr J.W.H. and the DPP was prohibited
from proceeding any further in the case. The DPP was given 21 days to appeal.
The matter of a retrial in the case of Mr J.W.H. came before the courts
recently. The DPP was not appealing and the case against Mr J.W.H. was struck
out.
Mr J.W.H is now a free man and must be judged innocent of all the serious
criminal charges brought against him.
J.W.H. is the younger brother of Edward Patrick Hernon.
In the course of the Inquiry by the Fitness to Practise Committee into the
confirmed professional misconduct of Dr Moira Woods the matter of the
conviction and sentencing of Mr J.W.H. was entered in evidence. Despite the
matter of Mr J.W.H., in January of 2002 the Fitness to Practise Committee of
the Medical Council found Dr Moira Woods guilty of professional misconduct
against Edward Patrick Hernon. The Fitness to
Practise Committee were also critical of the
involvement of the Eastern Health Board in the Hernon
case, among others.
I want the public and the Medical Council made aware that at all times Mr J.W.H
was innocent of the charges brought against him and I want the good name of my
family restored.