A convicted sex offender awaiting sentence for a Christmas Day sex assault on his daughter has complained of the incessant smoking of the two other prisoners with whom he was sharing a cell.
The 51-year-old man was convicted in May of sexually assaulting his 19-year-old daughter at the family home in County Cork on Christmas Day 2017.
He was remanded in custody pending sentence.
Today he complained through his solicitor, James Lucey, about the smoking cellmates.
Mr Lucey said the accused was also applying in the strongest terms for bail as it appeared that pre-sentencing reports would not be available for a number of months.
Mr Lucey said that the accused also wanted to be released to take up seasonal employment now available to him and that he needed to earn money to pay his mortgage.
The solicitor said the accused was not putting the distress at sharing a cell with two continuous smokers as an argument to advance a bail application. However, he was bringing this to the attention of Judge Brian O’Callaghan.
Imelda Kelly, prosecution barrister, said the State was opposed to the accused being released on bail as the man was convicted following a jury trial and the defendant was now on the Sex Offenders Register as a result of that conviction.
“The court cannot accede to the application for bail and he is remanded in custody to October 30 for sentencing,” Judge O’Callaghan said.
The judge gave leave to have the matter mentioned again on July 31.
Judge O’Callaghan repeated that there were strict conditions on reporting the case as nothing could be reported which would identify the victim.
The judge said at Cork Circuit Criminal that neither party could be identified in coverage of the case because of the familial connection.
A jury of eight men and four women deliberated for four hours and 19 minutes before delivering a majority 10-2 guilty verdict against the accused at the end of the trial last May.