Limerick pensioner in court accused of sexually assaulting his then business partner

A LIMERICK pensioner has appeared in court accused of sexually assaulting his then business partner after a social event.

The man, who cannot be named for legal reasons, pleaded not guilty to the offence which took place in 2014.

The victim, aged in her 50s, took the stand in Kilmallock Court and said she was walking to her car with her friend at around 11.30pm on the date in question.

“My friend was beside me. He (the defendant) came up beside me. We were talking about the business. My friend held back as we were talking business. The driver door was close to the wall. He was standing at the door of the car. He put his hand on my private area - quite forcefully. I told him: ‘Stop. I like you like a brother’,” said the victim.

In the days following the incident, she said the defendant was “very hostile”.

“I felt very unsafe and uncomfortable. Things were very strained. We kept our distance. I insisted on that. I knew I had to leave the business,” said the victim.

Nikki O’Sullivan BL, who represented the pensioner, asked if she and the defendant became good friends and if she often called to his house? “Yes,” said the complainant.

The barrister asked if she had been drinking? “Yes, red wine, a couple of glasses,” said the victim.

Ms O’Sullivan said her instructions were that she had consumed “significantly more than that”. “No,” said the complainant.

Ms O’Sullivan asked if she was aware her client had developed some romantic feelings towards her? “No,” said the victim.

Ms O’Sullivan said the defendant will say he went in for a hug and it was romantic aspirations that were not reciprocated.

“He denies this (sexual assault) ever happened,” said Ms O’Sullivan. “100% it did,” said the complainant.

The barrister asked which hand he used. “The left hand,” she replied.

Ms O’Sullivan said the reason for the defendant being “surly” after the incident was because she turned up late the next day leaving him to do all the work. This was denied.

The victim gave a number of reasons for waiting four years to make a complaint. These cannot be reported to protect the identity of the victim.

Inspector Pat Brennan asked why she had changed her mind in coming forward to gardai. “It had an awful effect on me,” she said.

The victim’s friend gave evidence that she couldn’t see anything but she heard the complainant saying: “Please stop. I am in business with you. You’re like a brother to me.”

The victim’s brother, sister and a different friend all gave evidence in support of her complaint.

The last witness was the accused pensioner, aged in his 70s. He said he and his former business partner got on very well and he cared for her.

“I went with her to her car because it was dark. She pulled down the window. I gave her a kiss and put my hand on her thigh. She got out of the car and threw her arms around me. She said I was ‘like a brother to her’ and ‘nothing could happen as we were business partners’,” said the defendant.

Insp Brennan put it to him he didn’t put his hand on her thigh - that he inappropriately touched her private area.

“No. I didn’t get that far,” he said.

“But you planned to get that far,” said Insp Brennan.

“I just put my hand on her thigh. If she was cross she wouldn’t have got out of her car,” he said.

Insp Brennan said she screamed at him to “stop” and it was “not to happen again”.

In a follow up question, the accused’s barrister, Ms O’Sullivan, asked which hand he used when he put it on her thigh.

“My right hand,” said the defendant.

In summing up, Ms O’Sullivan said her client had developed romantic feelings for his business partner.

“He gave her a kiss and put his hand on her thigh. She obviously was not interested. He was rebuffed. That was the end of the matter,” said Ms O’Sullivan, who pointed to the four year delay in making the complaint.

She also referred to the victim saying his left hand was used and he said his right hand.

Addressing Judge Patricia Harney, Ms O’Sullivan said she “cannot be satisfied beyond a reasonable doubt”.

Insp Brennan said the complainant’s friend heard the “outburst” and she told another friend what happened the following morning.

“In his evidence he said he ‘didn’t get that far’. He sexually assaulted her,” said Insp Brennan.

Judge Harney said she found the complainant’s evidence to be truthful.

“She was clear and unequivocal and did not gild the lily. I have no doubt she was telling the truth and what she said was corroborated. I believe he did put his hand on her crotch. It was telling when he said he ‘did not get that far’. He was essentially pushing his luck,” said Judge Harney, who found the defendant guilty of sexual assault.

The judge ordered a pre-sanction report from the Probation Services and adjourned the matter until next year. Judge Harney imposed reporting restrictions on the media in attendance including reporting ancillary facts that may lead to the identification of those involved. She said the “greatest possible care” must be observed so the parties cannot be identified.