Portlaoise Courthouse
A man was convicted of sexually assaulting a woman by kissing her hand just hours after being released from prison and learning his mother had died.
The man (55), who has a Tipperary address, appeared before a sitting of Portlaoise District Court where he pleaded guilty to sexual assault and being intoxicated in public at Laois Shopping Centre in Portlaoise on June 22, 2023.
Garda McNamara said he responded to reports of an intoxicated male causing a disturbance at Laois Shopping Centre on the date in question. He said the defendant was highly intoxicated and slurring his speech when gardaí arrived.
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He said a woman had alleged that the defendant “took her arm and kissed her hand without permission.”
He said the man had 38 previous convictions all relating to the same incident concerning to child abuse material, known as child pornography in law.
“That puts a different spin on it,” said Judge Andrew Cody.
Solicitor Philip Meagher said his client was pleading guilty to being intoxicated and to the sexual assault.
“The date was the actual date of his release from prison,” Mr Meagher said. He explained that his client had been waiting in the shopping centre having arranged to be collected by his father.
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Garda McNamara said the man had told gardaí he had missed his bus and arranged for his father to collect him. He began drinking in the meantime.
Mr Meagher said the woman had approached the man earlier while he sat at a fountain and told him he couldn’t smoke. She returned when the man was putting his hands in the water of the well.
He said the woman offered her hand on the basis that he was going to shake it but instead “he bent over and kissed her hand” an act Mr Meagher said was done “almost in a French way”.
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Mr Meagher said the man made no effort to follow the woman and the incident had occurred while there were lots of other people around.
“He bent over and kissed her hand and that was the absolute height of it,” said Mr Meagher.
Garda McNamara agreed that there was a number of people around as it was 3.30pm in the day.
Mr Meagher said when his client rang his father he was informed that his mother had died a number of weeks earlier and his family had kept the information from him.
Garda McNamara said the man confirmed to him that the news of his mother’s death had been kept from him.
Mr Meagher said it was at this point that he decided to have a drink. He said his client is a single man who is on disability and suffers with coronary difficulties. He said his client appreciates now that the woman did not want the contact and he realises it was completely inappropriate.
Garda McNamara said the defendant had been given three years in prison with 18 months suspended.
Mr Meagher told Judge Andrew Cody that the offending was “very much at the lower end of the scale in terms of the facts you might hear in a sexual assault allegation.”
He said it was “a simple drunken stupid act” and his client was now attending an alcohol counselling course. He said the man suffers with anxiety and depression.
Judge Cody said the man couldn’t stay out of trouble for two hours after his release from prison.
He remanded the man on bail to appear before Portlaoise District Court again on October 9. He said if the man makes a donation of €500 to Laois Domestic Violence Support Services on or before that date he would strike out the charges.
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