Plea of guilty at Tullamore District Court
A DRUNKEN man who slapped the backside of a retail store employee pleaded guilty at Tullamore District Court to sexual assault.
Judge Andrew Cody was told the man entered the premises one afternoon last year where the victim, an employee of the retailer, was stacking shelves.
Sergeant Richard Thornton said the man tried to initiate a “high five” with the woman and had his hand up to do so when she said no. The contact was then made by him with his hand to her buttocks.
The court heard the accused was identified on CCTV and then gave a voluntary cautioned statement to gardai where he said he did not know the person.
“I don't know how to explain my actions because I was drunk,” he told gardai. He apologised and said it was a “big mistake”.
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Judge Cody heard the man had a number of previous convictions for public drunkenness and breaches of the peace between 2019 and 2023.
Brian Duffy, solicitor for the accused, said he had sought an explanation from his client and required the assistance of an interpreter.
The case had first come before the court in January and at that sitting Mr Duffy said the accused was Latvian and would be applying for legal aid. He handed in a statement of means.
Sergeant Thornton said the DPP had directed the matter could be disposed of summarily, meaning it could be heard in the District Court instead of the Circuit Court.
Judge Cody remanded the man on bail to a sitting in February saying that he would reserve the granting of legal aid pending the production of bank statements by the accused.
When the prosecution came before the court again a Russian speaking interpreter was present and Mr Duffy said his client was pleading guilty.
The solicitor said the matter was a very serious one and it was clear from his client's previous convictions that he had issues with alcohol.
Mr Duffy said what his client had done was “completely inappropriate” and “absolutely abhorrent” and the accused could clearly see himself from the CCTV footage that the lady was shocked and “did nothing whatsoever to initiate this”.
The solicitor added that what his client did would be “at the lower end of offending” and the best possible outcome he could hope for is that the accused night not be added to the sex offenders register.
Mr Duffy said it was his understanding that the court had discretion in relation to that.
He sought an opportunity for the man to engage with “some appropriate services” and come back to court at a later date.
Judge Cody responded: “The first service I'd like to see him engage with is AIB, his bank.”
The judge said the lady was doing her job and minding her own business and “got a slap on the backside from this thug”.
“He needs to express his remorse tangibly and quickly,” added the judge.
He said the man's bank account indicated he spent most of his funds buying drink from an off licence.
“He can divert his funds now to his victim rather than his own gullet,” the judge remarked.
Mr Duffy consulted briefly with his client and then told the court that he would have €3,000 in three months saying his client's behaviour was “reprehensible”.
Judge Cody remanded the man on continuing bail to appear in court again on June 10 next, saying he must have €3,000 for the victim before then.
He also ordered a probation and welfare report and a community service assessment.
Mr Duffy told the court the man was in employment and Judge Cody granted legal aid, saying the matter before the court was serious.
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