Broadcaster Eamon Dunphy was "drunk, crude and lewd" on the night he allegedly groped and kissed a bouncer outside a Leeson Street night club, Dublin Circuit Criminal Court heard today.
Mr David Heatly (25), of Devenish Road, Kimmage, who claims Mr Dunphy kissed him and groped his testicles, also told a jury of seven men and six women that Mr Dunphy was annoyed at having been refused entry into a lap-dancing club a short while earlier.
Mr Heatly has denied a charge of making a false report at Harcourt Terrace Garda Station on April 30th, 2003, intending to show an offence had been committed.
Mr Heatly denied in cross-examination by Mr Remy Farrell BL, prosecuting, that he "hotfooted up to the Garda station" to complain of the alleged assault by Mr Dunphy because he was "seeing dollar signs".
He also denied that in Mr Dunphy he saw a "wealthy, famous person who was three sheets to the wind" and took advantage of the situation. He said he had not spoken of making €15,000 from Mr Dunphy by alleging sexual assault against him, nor had he canvassed witnesses to give statements to gardaí supporting his version of events and offered them a night out in return.
He explained that he complained to gardaí so soon after the incident so they would have been able to "try and catch him as fast as they can". He had seen Mr Dunphy drive away in a silver BMW and checked the area himself for his whereabouts before making the complaint.
Mr Heatly, the head doorman at Cats Night Club at the time of the incident, told his counsel, Mr Colm O'Briain BL, that he saw Mr Dunphy approaching Angels lap dancing club just a few metres away from Cats. He was carrying a glass of wine in his hand and was refused entry.
Mr Heatly and a colleague were on duty outside the door of Cats night club, next door to Buck Whaley's where Mr Dunphy went after being refused entry to Angels.
Mr Dunphy turned around as he walked down the stairs that led to the entrance of Buck Whaley's, and started gesturing with his hand in a manner that simulated masturbation, the court heard. He returned to the street without entering the club and kissed Mr Heatly on the cheek, the court was told.
Mr Heatly said Mr Dunphy then tried to kiss him on the mouth and he drew back from him. Mr Dunphy slapped him on the face at this gesture.
"That's assault", Mr Heatly said he told Mr Dunphy. "I'd seen him realise on his face that he had assaulted me," Mr Heatly said.
Mr Heatly, who said he was "very embarrassed" by the kiss, told Mr Dunphy to go inside and have a drink. Mr Dunphy then walked back down the stairs of Buck Whaley's.
He returned minutes later and stood outside Buck Whaley's talking to the club's general manager, Mr Steven Newman, and a doorman, the court was told.
Mr Heatly said he heard Mr Dunphy ask them whether Legs, another club in the vicinity, was a lap dancing club. Mr Heatly alleged that Mr Newman replied that Strings, also in the area, was one, and that Dunphy then walked over to Mr Heatly. "He puts two hands on my waist and I pulled back sharply," Mr Heatly told the jury.
Mr Dunphy then "grabbed me by the testicles" before leaving and walking over to Strings lap dancing club, where he was also refused entry, he said.
Yesterday, Mr Dunphy told the court he had neither kissed, nor groped or come into any contact with Mr Heatly.
The case is scheduled to finish before Judge Elizabeth Dunne tomorrow.