Judge who called burglar 'courageous' decides NOT to jail sex offender... because his crime was so long ago it was 'water under the bridge'



Gary Flynn was given three year community supervision order



Judge Peter Bowers said 'no reason' to think Flynn would offend again

Judge Bowers previously reprimanded for calling a burglar 'courageous'



Bouncer Flynn pleaded guilty indecent assault on a child under 16



He groped the girl between the legs and forced her to have oral sex



He has already been reprimanded for claiming that a burglar was ‘courageous’.

Now Judge Peter Bowers has sparked outcry again – this time for letting off a sex offender after deciding his crime was ‘water under the bridge’.

The controversial judge allowed predatory Gary Flynn, 35, to walk free from court despite hearing that he had forced an underage girl into oral sex.

Judge Peter Bowers said because Gary Flynn assaulted the girl 15 years ago, it was 'water under the bridge'



Flynn, a bouncer, admitted carrying out the attack more than 15 years ago after the traumatised victim spoke to police.

He has previously been cautioned for a similar offence, the court was told.

But in a move that has outraged campaigners, Judge Bowers spared him jail because he was between 16 and 18 years old when the incident took place.

Flynn was also suffering from a head injury at the time, which the judge said may have clouded his judgement.

Judge Bowers said: ‘You were a teenager suffering from the effects of a head injury which made your maturity and responsibility less than somebody of your age.

‘This is water under the bridge. You have lived 15 or 17 years without other convictions and there is no reason to think you will be committing offences in the future.’

Judge Bowers gave Flynn a three year community supervision order at Teeside Crown Court (pictured)

This is just the latest in a string of controversial rulings by Judge Bowers, who last year praised the ‘courage’ of burglar Richard Rochford and let him off with a suspended sentence.

He told him: ‘It takes a huge amount of courage, as far as I can see, for somebody to burgle somebody’s house. I wouldn’t have the nerve.’

He was criticised for his choice of words, which were branded a ‘serious error of judgment’.



Following an investigation, the Lord Chancellor Chris Grayling and Lord Chief Justice Lord Judge upheld complaints about the comments and issued Judge Bowers with a reprimand for his remarks which had ‘damaged public con-fidence in the judicial process’.

Then in April, Judge Bowers sparked anger again when he let paedophile Mark Martin skip jail because he thought he ‘would suffer very badly’ in prison.

Judge Bowers previously reprimanded for saying burglar Richard Rochford (pictured) had 'courage'

In the latest case at Teesside Crown Court on Friday, Judge Bowers heard that Flynn indecently assaulted his victim, who cannot be named, in the late 1990s.

Flynn pleaded guilty to one count of indecent assault on a child under 16 after admitting he groped the younger girl between the legs and forced her to have oral sex.

Judge Bowers praised him for pleading guilty and sparing his victim the ordeal of giving evidence before handing him a three year community supervision order.

Flynn, of Norton, County Durham, was also ordered to sign the sex offenders register.

Yesterday, as he had Sunday lunch with his mother, Flynn was unrepentant when asked about the judge’s soft ruling.

He said: ‘I’ve got nothing to say. I only pleaded guilty so that I could stay out of prison.’

Speaking after the case, Dilys Davy, of sex abuse charity ARCH, said: ‘It might be water under the bridge for him but not for his victim, she has to live with it for the rest of her life.

‘His comments are outrageous. It’s as though he is saying that because it happened a long time ago, no harm done.

‘This kind of thing can discourage victims from coming forward. A judge’s comments are important and the main reason people say they do not report abuse is the fear that they will not be taken seriously or won’t be believed.’

David Hines, of the National Victims Association charity, said: ‘It’s a disgrace. What a stupid thing for a judge to say. How can it be water under the bridge for the victim?

‘There can’t ever be water under the bridge for the victim before justice is done.