'Unwanted attention': Court hears repairman fixing boiler forced himself on Longford mum
The defendant admitted the sexual assault at the North Longford home on December 18, 2023
A 79 year-old building surveyor, who forced himself on a married mother in her home by kissing her on the neck and cheek while she was upset over a faulty boiler he was repairing, pleaded guilty to sexual assault and was sentenced last week.
The defendant (79), who cannot be named to protect the identity of the victim, admitted carrying out the sexual assault at the family house in North Longford on December 18, 2023.
Garda Peter Wallace said he was on mobile patrol when at around 2pm a report was received that an incident had occurred at a residence and Gardaí called to the scene and they spoke to two females, the injured party and her mother-in-law.
"They proceeded to inform me that a building surveyor had called to their property, he had been there on previous occasions as well and he was carrying out works.
"While he was there it was stated to him that they were having a problem with an oil tank and he was asked to look at it."
Garda Wallace said the defendant, who was 76 at the time of the offence, examined it and he then asked if they were able to get a vice grips as he said he needed one to fix the oil tank.
The investigating officer stated the younger woman's mother-in-law agreed to leave the house and drive to a local hardware store to buy the tool.
"While she was gone [the defendant] and the injured party were in the kitchen of the property and while there sitting at the table [the injured party] alleges the defendant came over to her and leaned down over her hugging her and kissing her on her cheek and on her neck.
"Due to the force of this [the injured party] had to push the defendant away twice.
"The first time she was unable to do so and the second time she pushed him away."
Garda Wallace said the complainant then texted her mother-in-law and she urged her to return immediately to the house.
The court heard the injured party waited at the back of the residence until her mother-in-law, who had been away for approximately 18-minutes, returned.
Garda Wallace said the defendant took the vice grips and went out the back, while the complainant and her mother-in-law walked to the front of the house and spoke about the incident.
The court heard a short time later the defendant approached the two women at the front of the property and he said he was unable to fix the boiler and he was asked to leave the property.
"[The defendant] apologised for what had happened and he immediately left the property without incident," the officer added.
Garda Wallace said the man was later arrested and interviewed in relation to the incident and he made 'certain admissions about hugging' the complainant and he was subsequently charged.
Barrister Niall Flynn, defending, said his client attended the home as there was a problem with the boiler and despite not being a plumber he agreed to have a look at it.
"There was some discussion going on between the parties and [my client] approached the injured party and put his arm or arms around her and kissed her on the cheek and neck.
Mr Flynn described it as 'unwanted attention' for the injured party from the defendant and he put it to Garda Wallace that it appeared to be of a 'relatively short duration' and 'seconds as opposed to minutes' and that was accepted.
The barrister said following the incident his 'embarrassed' client, who has been with his partner for 25 years, was 'immediately apologetic'.
"He left the property without any issue and he didn't make any further contacts towards the injured party."
Mr Flynn said his client has always been in employment and he fullly cooperated with Gardaí and he asked the court to consider his age.
The barrister stated his client had brought €2,500 to court for the victim as a 'gesture of his remorse' in relation to the incident and the injured party was willing to receive that.
"He has said in hindsight his behaviour was inappropriate and unprofessional and that followed on from his apology [to the complainant] for his behaviour.
"He believed he was showing empathy for the victim and the injured party was upset with the issues in the run up to Christmas."
Garda Wallace handed in a victim impact statement to Judge Bernadette Owens who described it as an 'unsavoury' incident in the injured party's home.
"It has had a very significant impact and it has caused a considerable change in the family dynamic," she noted.
Judge Owens considered the defendant's lack of relevant previous convictions and she felt there was little or no chance of there being a 'future risk' due to his previous good record.
She described the offence as being completely irresponsible and she stated the defendant, who is due to turn 80 later this year, had shown a 'lack of judgement'.
"I can only say he had a complete rush of blood to the head and [the victim] should never have felt unsafe in her own home."
However, Judge Owens decided to give the defendant a chance based on his lack of offending and she applied the Probation Act.