Entertainer charged with sexually assaulting man in Dublin

Judge orders name of accused (mid 20s) and location of alleged incident not be reported

An entertainer has appeared in court charged with sexually assaulting a man in Dublin almost three years ago. File photograph:  Matt Kavanagh/The Irish Times.

An entertainer has appeared in court charged with sexually assaulting a man in Dublin almost three years ago. File photograph: Matt Kavanagh/The Irish Times.

 

An entertainer has appeared in court charged with sexually assaulting a man in Dublin almost three years ago.

Judge John O’Leary ruled at Dublin District Court that the accused, who is in his mid-20s, should not be named for legal reasons.

The man was charged with carrying out a sexual assault at a venue in Dublin on a date in December 2016. Evidence of arrest, charge and caution was furnished to the court in a certificate.

Garda Shane Behan told Judge O’Leary that the Director of Public Prosecutions had directed “summary disposal on a guilty plea”. A summary disposal case means the matter should stay at the district court level.

However, if the allegation is denied it is to be sent forward to the Dublin Circuit Criminal Court for trial before a judge and jury. The accused has not yet indicated how he will plead.

The garda said the alleged injured party in this case was entitled to anonymity and he asked that reporting restrictions be applied.

Restrictions

Defence solicitor Michael Staines sought similar restrictions, asking that nothing should be published that would identify the complainant. He also asked for an order that the accused’s name or address and the location of the alleged offence not be published.

A media representative said it was understood that a complainant in a sexual assault case could not be identified but asked for the basis in law for extending anonymity to the accused.

In reply, Judge O’Leary said he was making the order that neither the accused nor the alleged injured party could be identified, and he said that was provided for under Sexual Offences Act.

A State solicitor told the court it was also provided for under the Criminal Law Rape Act, and the garda was of the view it was necessary.

Garda Behan told the court, “particularly the locus of the offence”.

Banning the press from identifying the accused, Judge O’Leary said the garda was of the view those details could potentially identify the injured party.

The accused was released on bail and is due to appear in court again on October 9th.