Mayo's State prosecutor calls for sentencing hearing in sexual assault case to proceed

The State prosecutor for Mayo said a sentencing hearing involving the sexual assault of a ‘young and vulnerable’ person must proceed.

Mr. Patrick Reynolds made the comments as the defendant's hearing was adjourned due to the ongoing legal aid payment dispute.

The offender cannot be named in order to protect the identity of his victim.

The man’s solicitors wrote to the state solicitor informing them that they would not be in attendance at last Thursday’s sitting of Castlebar Circuit Criminal Court.

The man’s barrister was also not present.

Judge Eoin Garavan remarked that other barristers have been in attendance when their case is called out of courtesy to the court.

However, he added that he understood that barristers were receiving no remuneration during the ongoing strike and may have to drive distances to court.

The judge also reiterated his appreciation for the barristers who are attending in court on a daily basis despite being unattended by a solicitor.

Mr. Reynolds moved to ensure the case is finalised during the current court term.

“The injured party is young and vulnerable. It’s a matter which needs to proceed,” he stated.

The case was adjourned until November 5.

The injured party, a teenage boy, was sexually assaulted while working on the offender’s farm.

The 79-year-old previously pleaded guilty to one count of sexual assault. An earlier application to change his plea to not guilty was dismissed by the judge.

The court heard the injured party was aged 15 and 16 when he was sexually assaulted on three dates in October 2018.

The investigating garda said the assailant was known to the family and the boy was carrying out farm work when the sexual assaults took place.

The man would instruct the boy to change into farm clothes in a caravan on the farm.

When the teenager undressed, the defendant would direct him to lie down and then touch the boy's penis. This happened on three dates and would occur before the boy started work and again when he changed his clothes at the end of the day.

The teenager disclosed what happened to his mother.

He told his mother the man had “pulled his wire” and his penis was sore as a result. His mother gave him cream for the pain and reported the matter to gardaí in October 2018.

When interviewed by gardaí, the defendant claimed he had terminated the teenager’s employment and the boy started crying.

This was contradicted by text messages on the victim’s phone.

He told officers that the allegations were “100% lies” and it was a “put together job."

The 79-year old has two previous convictions for unrelated offences.