Government's claim on sex offender's assets a thump in the jaw, say victims

The victims of a prolific sex offender have accused a Stormont department of taking money out of their pockets over an attempt to recover legal costs.

Thomas McKenna, a former treasurer of Crossmaglen Rangers GAA club in County Armagh, was jailed for 16 years in 2023 after pleading guilty to a three-decade long campaign of abuse against 23 young male victims.

Survivors have since been trying to get financial compensation from McKenna. However, the Department of Justice (DoJ) is also trying to reclaim costs from his assets through the Legal Services Agency.

The DoJ said it would be inappropriate to comment on a live case. A spokesman for survivors described it as a "thump in the jaw".

John McEntee, who has supported some of the victims through their ordeal, said those same victims now feel they are being forced to compete against the government for compensation.

The spokesman, a former All-Ireland winning Gaelic footballer with both Crossmaglen and Armagh, said the department was "seeking to reclaim their costs, essentially from the victims' pocket".

"Money that Thomas has should be used to support their recovery, not to pay for his legal fees," he added.

The process involves the Legal Services Agency, which is part of the department, going to court in an attempt to "recover the cost of legal aid incurred" in defending people who are subsequently convicted.

It does so under the Recovery of Defence Costs Orders (2012) legislation.

It's a lengthy process but if successful, it would ultimately involve the sale of assets, like property, with the department then using the recovered money to fund further legal aid cases.

The department told BBC News NI it had successfully used the recovery process twice in the last five years.

A solicitor who acts for some of the survivors, Cormac McDonnell, said he learned of the department's application to recover McKenna's costs almost by accident.

"We weren't officially told that this was happening, we just heard about it," he said.

McDonnell said the legislation being used for the department's application had been "used sparingly" in the past.

"I don't know why in this case – I'm not aware of what criteria is used to determine which cases they pursue and they don't pursue."

To this end, legal teams representing some of McKenna's victims recently made an application that they should be able to make representations during the Legal Services Agency's court hearings on the matter.

A decision on this is expected later in February.

This process is running parallel to the victims' existing compensation case.

A postman and an ever-present volunteer at his local GAA club, McKenna was considered an upstanding member of the community – but behind the façade, he was destroying young lives.

After a long legal process, he pleaded guilty to 162 offences against 23 victims over a 30-year period from 1988 to 2018. His offending carried on right up until the point he was arrested.

The judge described the harm he caused as "immeasurable".

McEntee said McKenna's victims and the wider community were still coming to terms with the enormity of his crimes.

"These guys have suffered unimaginable harm.

"Most of the fellas have been able to get on with life. Having the abuser off the streets means that other kids around the town are safe.

"And I think, for most of them, they got great reassurance that their actions are keeping others safe."

But, McEntee added, it has had a huge impact on Crossmaglen.

"It's still very raw. I don't think there's a lot talked about it."

In a statement, the DoJ said it would be inappropriate to comment given the case is live before the court.

It added: "The Legal Services Agency will seek to recover some or all of the public money spent in the defence of an individual who is subsequently convicted and otherwise meets the criteria to seek a Recovery of Defence Costs Orders.

"The rules do not specify particular types of cases to which such orders apply."

When asked about the process of recovering defence costs, the department said: "In the last five years the Legal Services Agency had secured two recovery orders and is currently seeking enforcement of these orders in the sum of £259,600."