Fairytale of Kathmandu
Encyclopedia
Fairytale of Kathmandu is a 2007
2007 in film
This is a list of major films released in 2007.-Top grossing films:Please note that following the tradition of the English-language film industry, these are the top grossing films that were first released in the USA in 2007...

 documentary
Documentary film
Documentary films constitute a broad category of nonfictional motion pictures intended to document some aspect of reality, primarily for the purposes of instruction or maintaining a historical record...

 by Neasa Ní Chianáin.

The documentary focused on visits by the poet Cathal Ó Searcaigh
Cathal Ó Searcaigh
Cathal Ó Searcaigh is an Irish poet who writes in the Irish language .Ó Searcaigh was born in Gort a' Choirce, a town in the Gaeltacht region of Donegal, and lives at the foot of Mount Errigal...

 to Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...

 during which he had close relationships with many young boys of 16 years old or younger. The documentary questioned whether Ó Searcaigh's relationships with these youths were exploitative and whether they demonstrated a power and wealth imbalance between the 50 year old Ó Searcaigh and the young Nepalese. Ó Searcaigh is presented in the documentary as paying for the housing, food, bicycles and clothing of boys at most 16 years old. He mentions on camera having sex with some of them, denying that he abused them or that he coerced them into having sex with him.

According to Ó Searcaigh, he had sexual relationships with only a "small fraction" of them, and that he has never indulged in anal intercourse in Nepal.

In March, 2008, Liam Gaskin, who had been acting as his public spokesman, stood down as a result of a DVD launched to defend Cathal Ó Searcaigh by his supporters in Kathmandu. One of the people interviewed to support the poet turned out not to be one of those in the documentary, but someone with the same first name, who had also been filmed, but who failed to make the final cut. No one in Kathmandu had seen the film by then, and none of the people featured in the film had signed release forms. Vinegar Hill, the production company, claimed that as the subjects were "peripheral" to the film, release forms were not used. However all three Nepalese youths interviewed in the film gave verbal permission for the use of their interviews in the film, and a trained counsellor, Krishna Thapa, director of an EU-funded Nepalese NGO, Voice of Children, was present for interviews with two of the three youths.

Ó Searcaigh has only given two extended interviews since the film was broadcast. The first was in Irish, on Radió na Gaeltachta on 26 March 2008.

The second, "The Case for the Defence" was for Hot Press magazine, in English, in February 2009.

Legality

The age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...

 in Nepal is sixteen, thus no local law was violated. Nepal's Supreme Court held in November 2008 that banning same sex couples from marriage violated their equality provisions in their Constitution and directed the Nepalese Government to draft laws permitting same sex marriage.
However, given that age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...

 in Ireland is 17 years old, and the Irish government can prosecute for foreign acts, the film caused considerable controversy in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

.

Following complaints by Fiona Neary of the Rape Crisis Network it has emerged that the Irish police force
Garda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...

 have been investigating Ó Searcaigh since 2006 following complaints from the film's director.

Interpol has also been given access to footage from the documentary.

To date, no criminal charges have been brought, either in Ireland or Nepal.

On Saturday 27 June 2009, The Irish Daily Mail reported that they had interviewed a youth who said he was 14 when he met Cathal Ó Searcaigh, and said he had sex with Ó Searcaigh just after he turned 15.

Showings of the documentary

The documentary has now been shown at 28 international documentary film festivals, including 9 Lesbian and Gay Festivals. It screened at the International Documentary Festival in Amsterdam (its first showing) and the Jameson Dublin International Film Festival
Jameson Dublin International Film Festival
The Jameson Dublin International Film Festival is a film festival that is held annually in February over the course of ten days in Dublin, Republic of Ireland-History:The Jameson Dublin International Film Festival was established in 2003...

 where it had its first showing in Ireland in February 2008. The documentary was shown on Irish television on the evening of March 11, 2008. According to RTÉ
RTE
RTÉ is the abbreviation for Raidió Teilifís Éireann, the public broadcasting service of the Republic of Ireland.RTE may also refer to:* Recep Tayyip Erdoğan, 25th Prime Minister of Turkey...

, the show attracted 253,000 viewers. The documentary has been screened for its North American premiere at Seattle International Film Festival and its UK premiere at Edinburgh International Festival, both in June 2008. The film was awarded second place in the International Documentary Competition at Documenta Madrid in May 2008, and it won the Best Director (Documentary) award for Ní Chianáin at the 13th Ourense International Film Festival in October 2008, and the Film Critics Jury Prize for Best Documentary at the Barcelona Gay & Lesbian Festival, also in October 2008.

Criticism of Ó Searcaigh

Ó Searcaigh was criticised by many journalists and commentators. One example is Quentin Fottrell
Quentin Fottrell
Quentin Fottrell is an Irish columnist, author, agony uncle and radio critic currently living in New York. He was born in Dublin and studied psychology in University College Dublin , before switching to journalism in University College Galway ....

, who claimed that Ó Searcaigh's charity was "conditional" and involved a power gap between a relatively wealthy European adult and Nepalese youth living in poverty. Another is Mannix Flynn
Mannix Flynn
Gerard Mannix Flynn, sometimes written only as Mannix Flynn, is an Irish writer, playwright, actor and politician. He was born in Dublin in May 1957. He was sent to St Joseph's Industrial School in Letterfrack aged eleven for eighteen months. He was subjected to sexual and physical abuse there....

, who accused Ó Searcaigh of breaching guidelines on working with disadvantaged vulnerable youth.

Ireland's Minister for Education and Science, Mary Hanafin
Mary Hanafin
Mary Hanafin is an Irish Fianna Fáil politician who was a Teachta Dála for Dún Laoghaire from 1997 to 2011. She served as Government Chief Whip , Minister for Education and Science , Minister for Social and Family Affairs , Minister for Tourism, Culture and Sport and Minister for Enterprise,...

's initial reaction was that "there are 'difficulties' with the inclusion of poems by Cathal Ó Searcaigh on the Leaving Certificate curriculum." Although she later noted that the lives of many authors of works on the curriculum were questionable.

In the light of the documentary, questions were asked about an appeal he had made in 2005 to raise money for children from poor Nepalese families. An auction with several donations from celebrities had been set up, but there was no charitable trust
Charitable trust
A charitable trust is an irrevocable trust established for charitable purposes, and is a more specific term than "charitable organization".-United States:...

 set up.

Defence of Ó Searcaigh

He was defended on multiple occasions by Senator Eoghan Harris
Eoghan Harris
Eoghan Harris is an Irish journalist, fiction writer, director, columnist and politician. He currently writes for the Sunday Independent. He was a member of Seanad Éireann from 2007–11, having been nominated by the Taoiseach, Bertie Ahern....

, who pointed out that the age of consent in Nepal is 16 and that Nepal is a homophobic society. Harris contends that many of Ó Searcaigh's Nepalese accusers may have their own agendas.

Senator David Norris defended Ó Searcaigh in Seanad Éireann: "An attempt has been made to create such a firestorm of hostile publicity that justice may never retrospectively be done."

The poet has also been defended by Máire Mhac an tSaoi
Máire Mhac an tSaoi
-Background:Mhac an tSaoi was born as Máire MacEntee in Dublin in 1922. Her father, Seán MacEntee, a native of Belfast, was a founding member of Fianna Fáil, a long-serving TD and Tánaiste in the Dáil and a participant in the Easter Rising of 1916. Her mother, County Tipperary-born Margaret Browne...

, who has accused Ní Chianáin of unethical behavior. She questions whether the film-maker ever informed Ó Searcaigh of the fact that she was no longer filming as a friend but as an antagonist (or at least as an investigative reporter). Mhac an tSaoi also pointed to the two-year delay between the filming and the release of the film and ensuing publicity, suggesting that Ní Chianáin was more interested in publicizing her work than in protecting Nepalese young men. Ó Searcaigh was also defended by Eamon Delaney
Eamon Delaney
Eamon Delaney is an Irish author, journalist and former diplomat.Delaney was a student in University College Dublin . He was Auditor of the Literary and Historical Society from 1985 to 1986. On leaving college he became an Irish diplomat. Having left the Irish diplomatic corp, he became a fulltime...

.

Defenders of Ní Chianáin, on the other hand, have noted that she brought her concerns to the attention of the Irish police and Social Services upon her return from Nepal in 2006, and in the two year period before the film was released, she managed to set up a trust fund and secure counselling and support services in Nepal for boys who had encountered Ó Searcaigh.

A year after the film was broadcast, Cathal Ó Searcaigh finally made a detailed defence of all the charges against him in an extensive interview in Hot Press
Hot Press
Hot Press is a fortnightly music and political magazine based in Dublin, Ireland founded in 1977. The magazine has been edited since its inception by Niall Stokes. According to the Audit Bureau of Circulations, it had a circulation of 19,215 during 2007...

.

Paddy Bush, a poet and filmmaker who became friends with Cathal O'Searcaigh after making a documentary about him, released that film, titled The Truth about Kathmandu, in the fall of 2009. Bushe alleges that Fairytale of Kathmandu misrepresented the views of boys interviewed by Ní Chianáin. Narang Pant, whose testimony was central to the original documentary, states he was instructed to give rehearsed answers, and that he subsequently had asked her not to use the interview she had taken with him. Bushe also interviewed another young man of Nepal who states he was offered money by Ní Chianáin to give a critical account of Ó Searcaigh, which he refused to do. The comment alleging a payment for false testimony was broadcast on RTÉ Raidió na Gaeltachta
RTÉ Raidió na Gaeltachta
RTÉ Raidió na Gaeltachta , abbreviated RnaG, is the Irish-language radio service of the public-service broadcaster Raidió Teilifís Éireann. The station is available on FM in Ireland and via satellite and on the Internet.- History :...

which led Neasa Ní Chianáin to take legal action. As a result, RTE apologised to Neasa Ní Chianáin.

Ní Chianáin denied that there had been any misrepresentation of the views of those interviewed, stating that social services were happy with the account presented in the film and unedited footage and transcripts. She also argued that many of the boys were still contacted by O'Searcaigh and were receiving money from him, including the boy who asked her not to use his interview. She said this boy was under pressure from O'Searcaigh and that the hotel managers' decision to reveal his concerns supported her account of events.

External links

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