'How could you not see that as serious?' - Man charged with sexual assault of girl in Fermoy

The accused man's solicitor asked if the allegation against his client could be classed as a stupid incident and at the lower end of the scale

Kamil Szymczak made no reply when charged. Photo: Larry Cummins

A man has been charged with the sexual assault of a 16-year-old girl in Fermoy on Monday.

Kamil Szymczak, with an address in Fermoy, was brought before Mallow District Court on Wednesday morning, charged with an offence contrary to Section 2 of the Criminal Law Rape Amendment Act 1990.

The incident is alleged to have occurred at Chapel Hill in Fermoy at 1.20pm on Monday. Detective Garda David Forsythe gave evidence of arrest, charge and caution. He said the accused made no reply when charged.

The accused man's solicitor Ciaran O'Keeffe said his client is engaging with a psychiatrist for alcohol and drug issues. He asked Detective Garda Forsythe if the allegation against his client could be classed as a stupid incident and at the lower end of the scale.

Detective Garda Forsythe said he could not comment.

Kamil Szymczak (wearing hoodie) being brought into court. Photo: Larry Cummins

Judge Gabbett told Mr O'Keeffe that the allegation against the accused was that he had approached the girl from behind and had tried "to forcibly remove" the girl's undergarments.

He added: "I don't see how you could not see that as serious?"

Mr O'Keeffe applied for bail for his client but it was refused by Judge Alec Gabbett after objections from gardaí. Sergeant Linda O'Leary said the objection was on the basis of the serious nature of the charge, the potential sentence involved and that the victim is a juvenile.

Solicitor for the accused, Ciaran O'Keeffe. Picture: Larry Cummins

The court heard gardaí were also awaiting further instructions from the Director of Public Prosecutions.

Judge Gabbett granted free legal aid to the accused, who appeared in court dressed in black trousers and a black and gold hoodie top. A Polish translater accompanied him in court.

The case has now been adjourned to a hearing of Mallow District Court on Tuesday next. The accused will attend via video link.