Pensioner found in car with vulnerable teen girl and Viagra jailed for 11 months

Accused drove girl with intellectual disability to a secluded spot where they were spotted by vigilant gardaí

The judge said he couldn't sentence the accused for something that did not occur.

A 65-year-old Limerick man who was found by gardaí in his car late at night in a secluded location with a ’vulnerable’ 15-year-old girl and a box of Viagra tablets has been jailed for 11 months.

At Ennis Circuit Court, Judge Francis Comerford imposed a 20-month prison term suspending the final nine months on Pat Barry, of Garryglass Avenue, Rossbrien, Limerick, after he pleaded guilty to the sexual assault of the Limerick teenager in the early hours of August 23, 2017.

Barry had driven the teenager — who has an intellectual disability — to a secluded location to a car park at McNamara Lake, O’Briensbridge, in south-east Clare.

Imposing sentence, Judge Comerford said that the accused — who turns 66 this week — has benefited from good policing on the scene that prevented what occurred on the night from becoming even more serious.

In evidence, Garda Áine Troy said that while on mobile patrol, she and colleagues went to investigate the parked car and became concerned at the vast age difference of the two occupants. Their concerns were heightened when Barry said that he was not related to the girl.

Garda Troy said that a Garda search of the car found a box of Viagra tablets in a glove compartment while a colleague, Sgt Aiden Lonergan, “observed a blatant bulge in the groin area of Mr Barry’s trousers which he said was a hernia problem”.

Complaint of sexual assault

While being brough home later that night, the "very nervous" teenager made a complaint of sexual assault to gardaí against Barry, who was 60 at the time.

Garda Troy said that in the days leading up to the incident, Barry had bought the teenager cigarettes and brought her for drives.

Garda Troy agreed with counsel for the State, Lorcan Connolly BL that the girl has "had troubles in her life" and sometime after this incident was placed into voluntary foster care.

In two Garda interviews, Barry denied sexually assaulting the teenage girl before entering his guilty plea at Ennis Circuit Court.

In her victim impact statement, the girl — now 20 — said: “What he did to me was wrong and I am very angry about it. I never want to see him again.”

Garda Troy said that Barry — who has no previous convictions — is a retired stable-hand who worked at a number of different yards. He has never married and lives alone at his Limerick address.

In sentencing, Judge Comerford said that Barry had touched a vulnerable teenager intimately without her consent.

The judge said that it was a serious offence but that he couldn’t sentence him for something that didn’t occur: “I can’t say that there was an intent to do more than the act that took place. That would be speculative. There is no evidence of a Viagra tablet being taken out of the packet.”

Judge Comerford said that Barry did give an explanation at the scene for the bulge in his trousers that was consistent with his health condition.

The judge said that there was no question of violence or force or threats being used and it was a single count of sexual assault, adding that the offence was of short duration “due perhaps to Garda intervention”.