Restaurant owner gets suspended sentence for sexual assault

A West Cork restaurateur was given an 18-month suspended jail sentence yesterday for sexually assaulting a woman dining at his premises in 2009.

John Murphy, aged 58, of Murphy’s Restaurant, East End House, Castletownbere, had spent the past fortnight in custody following his conviction by a jury at Cork Circuit Criminal Court.

Their verdict was an 11-1 majority in favour of a guilty verdict against him on the charge of sexually assaulting the woman on Sept 22, 2009.

Judge Seán Ó Donnabháin noted yesterday that the defendant, who had denied the charge, paid the injured party €10,000 compensation as soon as he was found guilty by the jury.

The judge said if Murphy had pleaded guilty and paid the compensation at the outset he would not have been remanded in custody for any length of time.

Explaining his decision to remand the defendant in custody for the past two weeks, the judge said: “I felt obliged to honour the jury verdict and the stage at which you changed your mind by remanding you in custody.”

As well the suspended jail sentence, the judge directed that Murphy’s name would be put on the sex offenders register for 10 years.

In the trial, Murphy had denied the charge, claiming through Brian Leahy, his barrister, that whatever happened was by consent.

However, Mr Leahy said the defendant accepted the verdict of the jury and off-ered €10,000 to the injured party in compensation.

Donal McCarthy, prosecuting, said at the time that the injured party would accept the payment as some consolation for what she had gone through.

The judge also took into consideration evidence that the defendant continued to be very involved in the local community.

The injured party testified that she went for dinner in the restaurant after 6pm and went to the bathroom afterwards.

She said that as she was leaving the toilet, Murphy approached her, lifted up her top, moved her bra, and sucked her left nipple. He then tried to put his hand inside her pants but did not succeed.

She said he put her hands down towards his crotch and she felt that his penis was exposed and erect. She left the restaurant. She said that she had known the defendant prior to the incident.

Murphy did not give evidence but claimed through his barrister that whatever happened on the occasion was entirely by consent. The injured party said it was not.