Kerry man found guilty of Christmas Eve attempted rape

A Kerry man has been found guilty at the Central Criminal Court of attempting to rape a 17-year-old girl in a laneway after meeting her at a nightclub on Christmas Eve two years ago.

The man was found guilty of attempted rape and assault with intent to commit rape of the girl in a laneway in Killarney by the jury following just over two hours of deliberation on day seven of the trial.

He was found not guilty of threatening to kill the girl on the same date and location.

Mr Justice Kevin O'Higgins remanded him in custody for sentence on February 2, 2007, and directed that he be registered as a sex offender under the legislation. He also directed the preparation of a psychiatric and victim-impact report.

Mr Justice O'Higgins thanked the jury of three women and nine men for their service.

Cronin denied in evidence that he attempted to rape the girl and claimed that the victim had "changed her mind" after asking him if he had a condom while they were "kissing and cuddling".

The complainant told prosecuting counsel Mr John Aylmer SC (with Mr Tom Rice BL) that she had met the accused in a nightclub in Killarney, which they had left together, and that they walked through the town before entering a cul de sac together.

She agreed they kissed for a while but said he then put his hands down her top and felt her breasts, at which point she asked him to stop and punched him in the chest "to get him away from me".

She told Mr Aylmer this made him "cross and angry" and he knocked her to the ground, where she landed on her knees. She said he then pulled her jeans and pants down while she shouted: "Leave me alone."

She said he turned her around so that she was sitting on her bottom and caught her by the throat pushing her down on the ground on her back. She said he then put his legs on either side of her and pulled down his own pants and underwear.

She told Mr Aylmer that the accused was "trying to put his penis up to my vagina area" but she kept her legs together. She said he was holding her right hand but she was hitting out with her left hand and shouting.

She agreed she then heard a man come up and say: "Leave her alone." She said the accused jumped up and fixed his clothes before the man caught him by the chest and pushed him up against a car. The man told her to "get away" and she left the area.

She said she met a girl shortly afterwards who arranged a taxi home for her. On her return home she raised the alarm with another friend and a relative, who subsequently told her father what had happened.

She agreed her father alerted gardaí and she spoke to a female garda at the station, telling her what happened. She agreed she was also examined by a doctor the same day where she complained of some "marks and bruises" including "redness on her neck".

Several residents of the laneway also gave evidence, saying they had heard a commotion on the night with a girl shouting for help.