Assault accused not guilty

A teenager said her cousin tried to interfere with her sexually when both of them were aged 15, but when gardaí asked the accused about it, he replied that it was bullshit.

The juvenile went on trial at Cork Circuit Criminal Court yesterday after pleading not guilty to all charges.

Donal McCarthy, prosecution barrister, outlined the anticipated evidence in the case in support of seven charges at the outset.

However, following legal submissions by defence senior counsel Alice Fawsett, Judge Seán Ó Donnabháin directed the jury to make findings of not guilty on five charges for lack of evidence.

The jury was asked to deliberate on two charges only, namely one of assault causing harm and another of attempted sexual assault.

The jury returned after 10 minutes of deliberation with unanimous verdicts of not guilty on both charges.

The complainant testified that her cousin called regularly to her house. She said that, on one occasion in 2014, he punched her in the eye and ribs, knocking her to the floor, causing her agony and making it difficult for her to breath.

In respect of the alleged attempt to commit sexual assault, she said he asked her had she ever had sex and that it was a good time for her to try sex with him as he tried to undress her.

Defence senior counsel Alice Fawsett said that when gardaí questioned the accused about the allegations he made what she described as an indelicate reply, stating it was bullshit.

Ms Faswett said there was an allegation of pulling hair and she asked who pulled hair, only children. She said the alleged incident should be viewed in that kind of context and in the context of a falling out between the accused and injured party’s mother prior to the allegations being made.