Man appears in court accused of committing lewd act on Limerick-bound train

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A COUNTY Clare man who was already facing charges of sending lewd pictures of himself to three females is to face an additional charge of committing a solo sex act in public on a busy train.

The 39-year-old appeared before Ennis District Court this Wednesday accused of engaging in masturbation in a public place.

The offence is alleged to have occurred on February 20 2023 at an unknown location between Oranmore and Athenry on a Galway to Limerick train service.

The charge is contrary to Section 45 (2) of the Criminal Law (Sexual Offences) Act.

Giving evidence of arrest, charge and caution, Garda Francis Finnegan said the accused made no reply.

Judge Mary Cashin granted legal aid to solicitor, Stiofan Fitzpatrick to represent the accused on the new charge.

Insp Aiden Lonergan stated that the Director of Public Prosecutions (DPP) has recommended that the case be heard in the district court and he suggested the case be adjourned to October 11 to allow documents in the case be provided to Mr Fitzpatrick.

Judge Cashin noted this and she adjourned the case to October 11 where the accused will either seek a date for hearing or enter a guilty plea.

Mr Fitzpatrick said: “There were reporting restrictions in relation to the other matters already before the court. I would ask that this extend to the new charge.”

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Adjourning the proceedings to October, Judge Cashin imposed reporting restrictions on the new charge.

The new charge relates to an offence which is alleged to have happened nine days before the man made his first appearance in court concerning the alleged sending of lewd images of himself to females.

The court previously heard it will be alleged by the State that the man randomly selected a County Kerry woman’s phone number before sending her a lewd image of himself on October 16, 2020.

The man is facing two related charges of sending lewd images of himself to two other females living outside of County Clare on May 1, 2021 and three days later on May 4, 2021.

In one case, the man is charged with "intentionally engaging in offensive conduct of a sexual nature" by sending an image of his erect penis via WhatsApp to a female in such a manner to cause fear, distress or alarm to another person. That offence is alleged to have happened on May 1, 2021.

The man faces a similar charge relating to an incident which is alleged to have happened three days later - on May 4, 2021.

The charges are contrary to Section 45(3) of the Criminal Law (Sexual Offences) Act 2017.

In relation to the new charge Insp Lonergan said that the bail conditions can be extended on what was already in place.

The man’s bail conditions include that he does not engage in social media communications with any females unknown to him; be of good behaviour; sign on weekly at his local Garda station and have no contract directly or indirectly with the alleged injured parties.