A large Garda file is being prepared in the case against a young man accused of sexually assaulting a woman in a cubicle of the ladies' toilets of a pub during a work night out, it emerged yesterday.
Judge Olann Kelleher was told that the Garda file in the case was not yet completed.
On the application of Sergeant Pat Lyons, Judge Kelleher agreed to adjourn sentencing in the case until May 25, with the accused remanded on the same bail conditions. Those conditions required him to surrender his passport, remaining in the country until the case is finalised; inform gardaí of any change of address; sign on at his local Garda station and have no contact, direct or indirect, with the complainant.
Pat Horan, defence solicitor, applied for free legal aid to represent the accused. This application was granted.
The allegations against the accused were previously outlined so that Judge Kelleher could decide if he was accepting jurisdiction to deal with the case at Cork District Court. The DPP had already decided that it was a suitable case for the district court.
Sergeant Brendan Corry said the alleged sexual assault occurred in a pub at around 11pm on September 30.
“The accused was socialising with work colleagues in a pub in Cork City when it is alleged that the victim in this case went to the ladies' bathroom to get sick.
“It is alleged the accused would have been aware of this and followed her into the toilet cubicle.
“It is alleged that when the victim finished attempting to get sick, she stood up in the cubicle and the accused kissed her on the lips and put one of his hands on one of her breasts and squeezed.
"The victim said, ‘No’. The accused said, ‘OK’, but then almost immediately he kissed her again and did the same with both hands. She said, ‘Stop’, and he stopped,” Sgt Corry said.
After hearing this outline of the allegation in the case, Judge Kelleher said he would accept jurisdiction to deal with the case where the defendant faces the single count of sexual assault.