Two men plead guilty to a lesser charge in Christmas sex assault trial in Limerick

TWO of the three men accused of sexual assault at a Christmas party in Limerick city have pleaded guilty to a lesser charge this Thursday morning.

The trial commenced at Limerick Circuit Criminal Court on Tuesday with a jury of seven women and five men being sworn in before Judge Dermot Sheehan. Prosecuting barrister John O’Sullivan, instructed by State Solicitor Padraig Mawe, gave his opening statement to the jury.

It is alleged that each of the three men exposed their penis, two of them asked the woman for oral sex and two of the defendants touched her in a sexual way without her consent.

The three accused, who cannot be named to protect the identity of the alleged victim, will be referred to as Mr A, Mr B and Mr C.

All three were charged with one count of sexual assault at a Christmas party at a venue on the outskirts of Limerick city in late December, 2017.

Mr A, aged 18 at the time, is represented by Erin O’Hagan BL, appearing with Amy Nix BL, instructed by solicitor Sarah Ryan.  

Mr B, aged 18 at the time, is being defended by Colman Cody SC, appearing with Kenneth Kerins BL, instructed by solicitor Julianne Kiely.

Mr C, who was 17 at the time, is represented by Michael Lynn SC, appearing with Eimear Carey BL, instructed by solicitor Ian McNamara. The alleged victim was 17 on the date in question. 

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This Thursday morning, Mr B and Mr C pleaded guilty to one count of intentionally engaging in offensive conduct of a sexual nature after they were arraigned before the jury.

Mr O’Sullivan said the pleas of guilty by Mr B and Mr C are acceptable to the prosecution and the State will not be proceeding with the sexual assault charges against Mr B and Mr C.

The two men were released on bail to appear before a sentencing hearing on Friday, March 8.

Judge Sheehan said he had accepted an amendment to the indictment by the DPP to add a further charge against Mr A. He was arraigned before the jury on one count of intentionally engaging in offensive conduct of a sexual nature. Mr A said: "Not guilty."

Mr O'Sullivan said the State will not be proceeding with the charge of sexual assault against Mr A.

Judge Sheehan said: "I am going to ask the foreperson to find him (Mr A) not guilty of sexual assault."

The trial of Mr A, who pleads not guilty to intentionally engaging in offensive conduct of a sexual nature, continues this Thursday afternoon.

Judge Sheehan said reporting restrictions remain in place.