A former Circuit Court judge has failed in a bid to overturn his conviction for attempted rape and the sexual abuse of six young men when he was a teacher 30 years ago.Gerard O’Brien (61), of Old School House, Slievenamon Road, Thurles, Co Tipperary, was convicted by a Central Criminal Court jury of one count of attempted anal rape and eight counts of sexual assault in relation to six victims.O’Brien had appealed against his conviction, arguing that the trial judge’s instructions were “confusing” and “weighted against the defence”. His senior counsel, Hugh Hartnett, told the Court of Appeal that the tone of the charge “strayed into conveying the impression” that the judge held a view in respect of the charges.However, Anne-Marie Lawlor SC, for the Director of Public Prosecutions, said the suggestion that there were personal views expressed in the trial judge’s charge was “misconceived”.Judge Tara Burns today said the appeal court rejected the suggestion that the portion of the charge referred to was “imbalanced” or legally incorrect.“The trial judge made it clear, as he did on several occasions throughout his charge, that decisions on all factual matters, together with the outcome of the trial, fell within the remit of the jury and that he had no role whatsoever in this regard,” she said. She said the court was of the view that the jury were “clearly instructed” and that no error of law or misdirection arose. Burns rejected all grounds raised, including one concerning the manner in which the jury was charged about O’Brien’s previous profession as a judge and the lies told by the appellant.The judge said in circumstances where none of the grounds advanced were being upheld, O’Brien’s appeal against his conviction was dismissed.The offences occurred at locations in Dublin between March 1991 and November 1997 when O’Brien was aged between 27 and 33 and working as a teacher at CBC Monkstown. The victims – four of whom were students or former students of O’Brien – were then aged between 17 and 24.The six victims previously indicated they wish for O’Brien to be named but want to maintain their anonymity. O’Brien had pleaded not guilty to all the charges. He resigned as a Circuit Court judge, having been appointed in 2015, but had been on leave since the allegations came to light. He was jailed for four years in June 2024 by Judge Alexander Owens. O’Brien’s legal team submitted at his sentencing hearing that a psychological report stated the now 61-year-old was psychologically vulnerable, has limited coping skills, has suffered episodes of significant depressive disorder and has “unmet sexual needs due to being gay in a homophobic society and his disability”. Imposing sentence, Owens said O’Brien was “unsuitable to hold office”. He said O’Brien appeared to “blame others for his predicament” and feels “he is the one manipulated, not the manipulator”, an attitude the sentencing judge said was “unrealistic” and “self-indulgent”.