Drunk looking for cigarette 'flashed' at bar worker on her break

Case dismissed as judge accepts defence's argument that he did not intend to cause distress or fear

The accused told the court he was 'black-out' drunk and did not mean to cause fear.

A man exposed himself to a bar worker who was on a smoking break outside the Cork city centre premises when she told him that she couldn’t give him a cigarette because her rollies were inside the pub.

Several customers were sitting at tables outside the premises and two security staff were outside the door when the incident occurred at around 8.30pm on December 10, 2021.

The incident was described in evidence at Cork District Court by the young woman who said she was very uncomfortable and shocked and felt awful after the stranger exposed himself to her.

James Sheehan, of 13 Ravensdale Road, Mahon, Cork, denied a charge of exposing his penis to the young woman, thereby intending to cause her fear, distress, or alarm.

Donal Daly, defence solicitor, said an essential element of the charge was the intention to cause fear, distress, or alarm but that there was absolutely no evidence of intention on the part of the 33-year-old.

Judge Marian O’Leary said after hearing evidence from the complainant the defendant, witnesses and gardaí: “I completely accept [the complainant’s] evidence that this man did flash her. She could tell he was under the influence of drugs or something.

The evidence is that he was very very intoxicated. I accept Mr Daly’s argument that he did not intend to cause her fear, distress or alarm.

"On the evidence before the court, I am dismissing the case.”

Because the defence accepted the complainant’s account, it was agreed that Inspector Mark Keating could read her statement to the court rather than her being required to get into the witness box.

The complainant said that when she told the man she did not have a cigarette to give him he pulled down his pants exposing his penis while staring into her face. She immediately complained to the bar manager that “a man had just flashed me”.

Defendant, James Sheehan, said he was not a saint but never had any convictions for anything like this. He said he was drinking to black out at the time and could not cast doubt on what the complainant said.

He said he had never put a woman in fear and had no intention to cause fear by his actions.

“It is not me. It is not the person I am. I have never done anything like this before. I really really apologise… I genuinely was black-out drunk. I am shocked I am sitting on the stand for something like this. I have never been up for anything like this ever.”

Mr Daly repeated that the defence was not that the young woman was not truthful, it was only that the defendant did not intend to cause fear, distress, or alarm by his actions.