Authors of the report into “predatory sexual abuser” Bill Kenneally have called for a new criminal offence to be created called “misconduct in public office”, with victims saying they feel “vindicated” by the report’s findings.
The Commission of Investigation, formally established by resolution of the Oireachtas in July 2018 under Statutory Instrument S.I. 311/2018, heard evidence from victims, Garda officers, and other witnesses as part of its examination of how allegations relating to Kenneally were handled over time. Its report was published following years of inquiry work and evidence gathering.
Following the report’s publication, Conal McGarrity, Managing Director and Head of Litigation at PA Duffy and Co. Solicitors, described it as “the end of a long and difficult process for those affected,” while elsewhere survivors said they felt “vindicated” by the end result.
One of the report’s conclusions was that a new criminal offence should be created, “misconduct in public office”.
“One issue that should be addressed is the absence of a criminal offence of ‘Misconduct in public office’,” the report reads.
“…The finding of the Commission is that there is no such offence of serious dereliction of duty by a public official which falls short of deliberate perversion of the course of justice. Framing an offence of that nature presents its own challenges. How high do you set the bar of criminal liability? How do you distinguish between incompetence and serious dereliction of duty requiring criminal sanction. The issue should be referred to the Law Reform Commission for urgent consideration.”
The report states that Kenneally held a trusted voluntary position as a basketball coach and was part of an extended family described as highly regarded in Waterford, which contributed to his access to young boys over a prolonged period.
It describes him as having an intense sexual attraction to pubescent boys in early adolescence, and notes that offences to which he pleaded guilty ranged from 1979 to 1990, with further allegations covering the wider period from 1970 to 1993.
Bill Kenneally was sentenced at Waterford Circuit Criminal Court on February 19th 2016 to 14 years and two months’ imprisonment for 10 separate sentences relating to indecent assault of 10 boys.
He was later sentenced on May 22nd 2023 at Dublin Circuit Criminal Court to four years and six months for indecent assault of five further boys, imposed consecutively to the earlier sentence, bringing the total to 18 years and eight months.
The Commission records that in late 1987, knowledge of aspects of his conduct became known to two senior Garda officers, alongside other Gardaí, a secondary school principal, a retired politician, a senior clergyman, a psychiatrist, and some parents of victims.
It also states that a senior South Eastern Health Board paediatrician, a general practitioner, and other parents were informed of matters that raised suspicions about sexual abuse.
Despite this, the report notes that Kenneally was not brought to justice until a formal complaint was made by Jason Clancy in December 2012.
The Commission was told in evidence given on September 18th 2023 that 23 males had made statements to An Garda Síochána alleging sexual abuse by Kenneally when they were minors.
He stated that Kenneally pleaded guilty to sexually abusing 15 of those complainants, while two others described activity that could be characterised as grooming.
From the 25 individuals interviewed, investigators identified 13 other males who had socialised with him as minors, though they did not provide statements.
The Commission also noted that investigators formed the view that there was prima facie evidence that four additional individuals had been sexually abused.
In its analysis, the report states that boys in Waterford City aged between 11 and 17 who came into Kenneally’s circle through basketball, football, tennis, or neighbourhood contact were placed at risk over a sustained period.
It records that his more visible grooming behaviour stopped after Gardaí confronted him in December 1987, though sexual abuse continued beyond that point.
The report also details the methods described in evidence, including use of alcohol, money, gifts, and coercive behaviour.
One section of the findings states that he regularly photographed boys using a Polaroid camera and retained the images, which were described in evidence as a means of maintaining silence and control.
He also used restraints including handcuffs and twine, according to the report, alongside intimidation and other forms of coercion.
Judge Eugene O’Kelly, in sentencing remarks in February 2016, identified multiple aggravating factors including the intensity and persistence of the abuse, predatory conduct, use of alcohol, violence, and exploitation of authority.
The Commission also examined broader questions around State awareness and response to child sexual abuse during the period in question.
It notes that by the late 1980s, child protection frameworks were still developing, with formal guidelines on non-accidental injury to children issued by the Department of Health in July 1987.
The report states that sexual abuse cases were often difficult to detect and prove, with victims frequently silenced through fear, shame, or inability to report abuse.
It also references earlier legal structures governing sexual offences, including provisions under the Offences Against the Person Act 1861, which remained in place until reforms in 1990.
The Commission further highlights legal uncertainty around the existence of a criminal offence of misconduct in public office, recommending that the issue be referred to the Law Reform Commission for consideration.
In its acknowledgements, the report thanks legal teams, Garda liaison officers, and all those who assisted the inquiry, and includes a statement of recognition for victims.
It states: “For the victims of Bill Kenneally the Commission hopes its report has brought some peace of mind.”
It adds: “The Commission salutes their courage and resilience.”
The report forms part of a broader examination of how allegations of historical child sexual abuse were handled within Irish society, including within sporting, community, and institutional settings during the 1970s, 1980s, and beyond.