Student accused of assaulting boy, 4, denied bail

Bolivian man is also charged with possessing and distributing a child sexual abuse video on his phone
Denying bail, Judge Smyth said he was not satisfied the accused would turn up to court. Picture: iStock

Denying bail, Judge Smyth said he was not satisfied the accused would turn up to court. Picture: iStock

A student accused of sexually assaulting a young boy at a house in Dublin has been refused bail.

Diego Andrade, 23, from Bolivia, who has has been living in Dublin with no fixed address, was charged with sexual assault, as well as possessing and distributing a child sexual abuse video on his phone on a date in October.

He was refused bail by Judge Bryan Smyth at Dublin District Court.

The child’s mother witnessed the assault and chased the accused away but he left his phone behind, Judge Smyth was told.

He had “tagged along" with a new friend to a party at a house where the assault allegedly happened, the court heard.

Detective Garda Tracy O’Reilly said the accused sexually assaulted a four-year-old boy there.

Chased away

“The child’s mother witnessed the assault and chased him away,” she said.

The contested bail hearing was told that it was alleged he left his phone at the scene when he fled.

Gardai examined it and also discovered he had viewed a video of a child engaged in sexual activity which had been forwarded to others, it was alleged.

He claimed to have an address in Dublin but it could not be verified.

The court heard he came to Ireland in December 2018 as a student but was expelled from his course for non-attendance. He worked sporadically, was willing to sign on daily at a garda station, and has lived in north Dublin, his solicitor submitted.

Garda O’Neill feared he was a flight risk and said she would not be satisfied with any bail conditions.

She told the court that in his interview Mr Andrade said he intended to go to Spain, claiming his mother lives there.

He had no ties in this country, the Garda told the court.

The offences can carry up to 14 years’ imprisonment. The DPP has directed trial on indictment.

Mr Andrade has not yet indicated how he will plead.

Denying bail, Judge Smyth said he was not satisfied the accused would turn up to court. He was remanded in custody to appear at Cloverhill District Court on November 11 next.

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