Kildare courts: Courier cleared of exposing himself during home delivery

A courier making a home delivery had his erect penis exposed at the time, it was alleged at Naas District Court. However, the defendant was found not guilty by Judge Desmond Zaidan, who said the State had failed to prove the case beyond a reasonable doubt.

The judge also commented he had no reason not to believe the injured party. He imposed reporting restrictions in the case.

A woman told Naas District Court on June 22 that the incident arose when her daughter, aged under 10, came to tell her that a ‘delivery man was looking for daddy’.

The man was prosecuted for allegedly intentionally engaging in conduct of a sexual nature at a County Kildare address on July 9 last

The woman went outside and noticed that the man’s erect penis was out as he carried a package towards the premises gate.

The woman said she got a fright and was concerned because her daughter was behind her.

The woman also said she was disgusted and worried ‘that my daughter was there’.

She stated her husband’s name was on the package and they get a lot of deliveries.

Cross examined by Tim Kennelly, solicitor, she said she was not certain if she had seen the man before and the incident happened at 1.30pm. She said she didn’t believe she was mistaken and her daughter was not exposed to the incident.

The woman’s husband said he was in the home office at the same time, and his wife said the man had exposed himself.

He said he downloaded images from one of a number of cameras on the property onto a USB stick which was handed over to the gardaí.

He also said he was satisfied he had fully captured the incident.

Garda Suzanne Guilfoyle told of visiting the home and was present when the images were downloaded onto the USB stick and given to her.

She also said she got the delivery slip which indicated the courier company.

She also said that every driver has a unique number indicating who is driving.

Gda Guilfoyle said that, when interviewed, the defendant did not recall the incident and refuted the allegation.

Mr Kennelly said that at no time did the defendant accept his penis was exposed and he has maintained his innocence from the start ‘so much so that he didn’t want a solicitor to be with him from the outset’.

Mr Kennelly said he did not accept the allegation and said the defendant was adamant from the outset he did not do this and the prosecution could not prove it beyond a reasonable doubt.

The defendant described himself as a family man who has never done anything like this.

He added he has no recollection of the incident and it goes against everything he believes.

He agreed it was him in the footage and it was his van in the footage also but he is in complete shock over the incident as is his wife.

“I totally deny it,” he told the court.

He also said he delivers 500 packages a week but for the CCTV footage he would have no memory of delivering the package.

“I’ve never done such a thing, I don’t do things like that,” he said.