'I had a girlfriend. It didn’t happen,' claims accused in Limerick Christmas party sex offence trial

A YOUNG man accused of a sex offence at a Christmas party said the alleged 17-year-old victim “appeared flirty” on the night, a trial at Limerick Circuit Criminal Court heard this Tuesday afternoon.

The defendant, who cannot be named to protect the identity of the alleged victim, will be referred to as Mr A, who was 18 at the time.

He was originally charged with sexual assault which the State will not now proceed with after a further charge was added to the indictment - intentionally engaging in offensive conduct of a sexual nature. 

Mr A has pleaded not guilty to the offence which is alleged to have taken place at a Christmas party on the outskirts of Limerick city in December 2017. A  jury of seven women and five men was sworn in before Judge Dermot Sheehan on Tuesday, February 13.

Sergeant David Boland, then a detective garda with the Divisional Protective Services Unit in 2018, took the stand this Tuesday afternoon.

Prosecuting barrister John O’Sullivan, instructed by State solicitor Padraig Mawe, read out a cautioned memo of an interview by Sgt Boland with Mr A for the jury. It was taken on a date in August 2018.

Mr A told gardai he had had a few cans at a friend’s house before the Christmas party.

“It was late when we got there - after 10pm. It was pretty empty. I had a few pints - two / three max. I was drinking Fosters as it was the cheapest. We were on a budget,” said Mr A.

He said he saw the alleged complainant talking to a friend of his who will be referred to as Mr B.

“She was drinking a good bit but she wasn’t falling around. She appeared flirty. She said she would love to shift (a person who will be referred to as Mr C),” Mr A told gardai during the interview.

He said he and Mr B told Mr C this and “he said he wouldn’t mind (shifting or kissing the complainant)”.

Mr A told gardai they went outside and Mr B nudged Mr C towards the complainant and they started kissing

“I needed to pee. I went about 10 feet away. We were laughing. We were shouting Mr C’s name to come on as we were going to town. Her friends were calling her. Mr C came up to us and she went off with her friends . We got a taxi into town,” Mr A told gardai.

Sgt Boland asked if he had any physical contact with the complainant?

“No. I didn’t touch her all night,” said Mr A.

READ MORE: 'They were telling me I was going to give them head. I did not want to' says alleged victim, 17, in Christmas party trial

Sgt Boland put some of the claims from the alleged victim who he interviewed in February 2018 to Mr A.

Sgt Boland asked during the cautioned interview if Mr A had his penis out? “No, only to pee,” said Mr A.

“Did you ask her for head?” asked Sgt Boland. “No, I had a girlfriend. It didn’t happen” said Mr A.

“Did others have their penises out?” asked Sgt Boland. “Probably to have a wee,” said Mr A.

Sgt Boland asked if he saw Mr C and the alleged victim kissing?

“Yes. We got our satisfaction and went to pee,” said Mr A. On a scale of one to 10 in terms of drunkenness, the accused said he was about a six.

Mr A is represented by Erin O’Hagan BL, appearing with Amy Nix BL, instructed by solicitor Sarah Ryan. 

Ms O’Hagan asked Sgt Boland if her client was cooperative. “Yes, he answered all our questions,” said the sergeant.

Ms O’Hagan said he interviewed quite a number of people but he is missing a few people who were at the party.

“I would have approached some people who refused to make a statement,” said Sgt Boland.

Earlier on Wednesday afternoon, the court heard there was no CCTV from outside the venue where the alleged incident took place. Garda Rory O’Grady said the system keeps footage for five days before rewriting over it in a continuous loop. 

The garda said the CCTV inside was malfunctioning.

Ms O’Hagan said there was no CCTV footage which was detrimental to her client.

Garda O’Grady said he couldn’t comment but agreed with the defence barrister that CCTV footage, if harvested, would have been presented as evidence.

The trial continues.