Man found guilty of sexually assaulting his seven-year-old niece while babysitting her

The 45-year-old man, who has been on bail until now, was remanded in custody until July 1

Judge said there were reporting restrictions because of the familial connection between the parties and neither the defendant nor the victim could be identified in coverage. Picture: Dan Linehan

A jury of nine men and three women returned unanimous guilty verdicts on Monday in the case against a man accused of sexually assaulting his seven-year-old niece when he was minding her 10 years ago.

The jury deliberated for less than an hour in the case presided over by Judge Helen Boyle at Cork Circuit Criminal Court before returning with their verdicts on both counts on the indictment.

Judge Boyle thanked the jury for the consideration they had given to the case and exempted them from further jury service for the next three years.

The defendant, who is 45 years old, had been on bail until now. However, Judge Boyle said: “He will be remanded in custody. His status has changed. Bail no longer applies.” He was remanded in custody until July 1.

On the application of prosecution barrister Katherine McGillicuddy, the judge directed preparation of a victim impact statement. Defence senior counsel Jane Hyland did not apply for the preparation of any reports on the now convicted man.

Judge Boyle said there were reporting restrictions because of the familial connection between the parties and neither the defendant nor the victim could be identified in coverage.

The sexual assault charges include reference to oral interference with the child’s vagina and rubbing her vagina during two incidents between September 1, 2015, and December 12, 2015, when she was seven years old.

In her closing of the case, Ms McGillicuddy said: “She was seven, he was trusted, he abused that trust, he abused her in the manner described to you. She did not have a say in these. He decided. She is saying these things happened because they did.” 

Ms Hyland suggested the victim was not lying but mistaken and the jury could not be satisfied beyond a reasonable doubt to convict him and to do so would “make this man a sex offender and a paedophile”. 

The evidence put forward by the prosecution included a two-hour recording of the seven-year-old girl being interviewed by a specialist Garda interviewer. The jury then saw the victim — as she is now — aged 17, when she appeared in person for the purpose of cross-examination in the trial.

Before the jury returned to Courtroom 4 at the courthouse on Anglesea Street, Cork, Judge Boyle told those present while it was a highly emotional case for several of the parties present in court, there should be no outbursts at the verdicts, whatever they would be. 

There was no such outburst when the verdicts were delivered. The victim and family members embraced each other quietly at the end of the case.

The circumstances of the case — including any reasons for delay — will be outlined at the sentencing hearing in July.