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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, Dublin 12. The matter was also referred to the Gardai at Crumlin Garda Station, Crumlin, Dublin 12. An investigation was carried out by both state agencies and the matter did not proceed any further. No criminal charges were brought against Mr J.W.H.

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 Rotunda Hospital, Dublin, was to face an Inquiry by the Fitness to Practise Committee of the Irish Medical Council into her alleged professional misconduct. The Inquiry, by the Fitness to Practise Committee into the alleged professional misconduct of Dr Moira Woods would involve Edward Patrick Hernon, the Rotunda Hospital, the Department of Health, the Eastern Health Board and the South Eastern Health Board.

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 London. Eventually warrants for the arrest and return to Ireland to face serious criminal charges were issued against Mr J.W.H.

Mr J.W.H. voluntarily returned to Dublin where he was arrested and charged with serious criminal offences against his daughter. It was alleged that J.W.H. had been sexually assaulting and raping his daughter over a two year period in the late-eighties. J.W.H. was sent forward for trial to the Central Criminal Court. At all times Mr J.W.H. protested his innocence of the charges.

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.