Westmeath man awaits sentence in sexual assault case

A Co Westmeath man has been convicted by a jury at Dublin Circuit Criminal Court of sexually assaulting three young girls and has been remanded for sentence later by Judge Joseph Matthews.

He now lives in Co Roscommon and sexually assaulted the girls, aged seven to 11 years, at north Dublin and Roscommon addresses variously on April 16 and September 10, 2002, and on May 1, 2005.

Judge Matthews directed that the 44-year-old man be registered as a sex offender pursuant to legislation. He cannot be named for legal reasons arising out of his relationship to the victims.

The jury took almost five hours to return guilty verdicts on four charges and found him not guilty on one count. One guilty verdict was unanimous, two were by 11-1 majority and one by 10-2 majority.

Two of the guilty verdicts related to one victim and one each to two other girls. The offending involved indecent touching and the victims gave their evidence via video-link on the courts’ new wide-screen system.

Judge Matthews directed the preparation of victim impact reports on the girls, and probation and psychological reports on the defendant, for use at the sentence hearing.

He thanked the four women and eight men of the jury for their care and attention to the case and exempted them from further jury service at this time.

"Juries are an essential part of our legal system and are not taken for granted by all of us involved on a day-to-day basis in it," Judge Matthews said.

Judge Matthews remanded the man on bail on strict conditions following a request by prosecuting counsel, Ms Lisa Dempsey BL, for a remand in custody, supported by garda objections.

Detective Garda Cathal O’Toole told Ms Dempsey that his objections to bail arose from the history of the case. "My concern is due to his potential to re-offend which I believed all through the investigation and in my view is not a slight risk," he said.

Det. Gda O’Toole agreed with Mr Bernard Madden SC (with Ms Monika Leech BL), defending, that he was not aware of any difference in the man’s behaviour since the investigation.

Gda Catherine Bothwell agreed also with Mr Madden that the man had complied at all times with his bail conditions before the trial. He had also surrendered his passport to her as arranged.

Judge Matthews said he believed that remanding the man on bail would not be a risk to the community in this case and would also facilitate the preparation of probation and psychological reports.

He granted bail on the man’s bond for €500 on conditions that he reside at a specific Roscommon address; maintain a curfew from 11.30 pm to 7.30 am; sign-on at Athlone Garda Station three times per week; not apply for a new passport; and not attempt to make any contact with the victims or members of their families.