Kildare court defendant to pay €1,500 following ‘badly thought-out prank’
COMMENTS
A payment of €1,500 is due from a County Kildare man who conducted 'a badly-thought out prank' on a woman.
The comments were made by a garda who described the situation to Judge Desmond Zaidan on the morning of Thursday, July 25 last at Naas District Court.
Judge Zaidan imposed reporting restrictions on the case when the garda voiced concerns that the woman could be identified if the man was identified.
The court was told that the man, who is aged in his 60s, was out drinking in a pub in County Kildare, when he came across the woman, who was known to him.
The garda said that the man asked the woman to flex one of her arms for him, which she did.
He then asked her to flex her other arm, which she did.
The man then asked her to flex using both arms, and he proceeded to grab her breasts, 'outside of the clothing'.
The incident was caught on CCTV.
"How long did it [the offending action] last?" the judge asked the garda.
"About a split-second," the garda replied.
Judge Zaidan accepted jurisdiction over the offence, and the man pleaded guilty to the offence.
Explaining his view on the situation, the garda told Judge Zaidan: "I don’t think there was a sexual element to this case... I think it was a badly-thought out prank."
"Those are your words, not mine," the judge replied: "It must have been embarrassing for the injured party."
"He shouldn’t have done it, no," the garda said.
Judge Desmond Zaidan presided over the case. File photograph.
The judge adjourned the case to the afternoon to allow time for a victim impact statement.
When the case resumed in the afternoon, it was heard that the injured party indicated that she was happy for the matter to proceed without her involvement.
"She is willing to accept that it was a demeaning prank?" the judge asked the garda.
"Yes," the garda responded.
The court heard that the man has no previous convictions.
When it was heard that the man was in his 60s, the judge remarked: "You would expect this kind of behaviour from a 20-year-old... and even then, that doesn’t justify it, just in case I’m taken out of context."
The garda said that the man 'owed up' to the offence from day one and met gardaí by arrangement 'all the way through.'
He also revealed that the man apologised to the injured party via the garda.
Judge Zaidan said that he was wary of the man potentially being put on the sex offender’s list — "What he did was degrading and demeaning, but there doesn’t seem to be a sexual element here."
Defending solicitor Tim Kennelly echoed the garda’s statement by saying that his client was apologetic over the incident.
Mr Kennelly told the judge: "I’m asking you to treat this offence for what it is: he is absolutely mortified at the extent of his behaviour and doesn’t know what got over him, other than he had a few drinks.
"It was an idiotic, imbecilic act — you don’t do that [to someone else]."
He added that his client had offered a sum of €700 as a gesture of remorse to the injured party.
"Make it at least €1,500," the judge replied.
The judge ruled that if the injured party does not wish to accept the donation, then the money should be given to charity.
He added: "I don’t want to force it on her, it’s only if she wants the money; it’s restorative justice."
Judge Zaidan said that he was uncomfortable convicting the man of sexual assault, adding that it would be disproportionate: "If I did that, he would go on the register, and people on it have committed much more serious sexual offences.
"His behaviour was inappropriate and degrading, but there was no sexual intent there."
The judge also took onboard the fact that the man has no previous convictions.
He said that if the man pays the €1,500 by a date in November, then he would apply the Probation Act.
Turning to the man, the judge asked him: "Do you wish to apologise?"
"Yes, I do," the man replied: "It was a moment of madness. I’m embarrassed, and if I’m embarrassed, then I can only imagine how she feels.”
"You wouldn’t like it to happen to your mother, or sister, or daughter, or aunt, would you?" Judge Zaidan asked him.
"No, I wouldn’t," the man replied.
Judge Zaidan remanded the man on continuing bail until the case returns on the date in November.