Man challenges conviction for nightclub sex assault

A man given a four months prison sentence for grabbing a woman between her legs in a nightclub has brought a High Court challenge over the penalty.

Peter Farrelly (27), a financial institution manager, Athlumney Abbey, Navan, Co Meath, had pleaded not guilty to sexually assaulting the woman, whom he had never met, at the Palace Nightclub, Camden Street, Dublin, on July 1st, 2012.

Farrelly had denied the charge and said he suffered memory loss due to the woman’s brother beating him up afterwards. He had been of good character and had no previous convictions, Dublin District Court heard.

The woman was assaulted when he approached her as she danced with family and friends, the District Court also heard. When she challenged him, he pushed her to the floor.

Farrelly was granted bail following sentence and lodged a Circuit Court appeal. He also brought a High Court application seeking to quash his sentence.

His lawyers claimed the District Court judge had adopted an unconstitutional fixed policy in relation to the sentence imposed arising from not seeking a report from the probation services prior to sentence. Farrelly was prepared to co-operate with the probation services, the court heard.

In her decision, District Judge Ann Watkin said Farrelly had “lied through his teeth.”

The judge also remarked she did not know whether the offence was a moment of “drunken stupidity” or if he might be a “a person who attacks females”.

In the High Court proceedings, counsel for Farrelly argued Judge Watkin effectively made a decision to jail his client before considering whether to seek a report. This was evidence of an impermissible inflexible policy, it was argued.

Judge Watkin had said, given his clean record, it would have been an appropriate case for a report but only if he had accepted his guilt, counsel said. Farrelly had not said the victim told a lie but rather said he had never done anything like this before, he was beaten up and he could not remember, counsel added.

Counsel for the DPP opposed the application and said there was no evidence of a fixed policy.

The President of the High Court, Mr Justice Nicholas Kearns, said he would give his decision later.