Sex assault trial is told of girl caught rifling pockets of bar staff

An 11-year-old girl who claims her father used to sexually assault her was once caught searching through the pockets of staff…

An 11-year-old girl who claims her father used to sexually assault her was once caught searching through the pockets of staff members in a bar, a jury at Dublin Circuit Criminal Court has been told.

The jury also heard Det Garda John Hunt say that he arrested the accused on November 21st, 1997, at the bar and the accused replied: "You must be joking, I'm gob-smacked. I can't believe it. Jesus Christ, I can't believe it."

The pockets incident was recalled by a witness for the defence on the third day of the trial in which the girl's father denies four charges of sexual assault.

The witness told Mr Patrick Gageby SC, defending, that she worked as a barmaid in the accused's bar and was going out through a beer store where staff hung up their coats when she saw the alleged victim rifling pockets. "I couldn't believe it," she said.

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Another woman witness who lived in the accused's residence with her children for some time said it was no secret the alleged victim sometimes slept in her father's bed. She could sleep in his bed two or three times a week. The girl also slept with her and with one of her children.

She was "a loveable child" who was "over-spoiled" and could be jealous if she did not get her way. She was a typical only child who could be a problem at times. She (witness) got on very well with her and the girl could have confided in her if she had a problem with her father. She had seen the father chastise his daughter.

She told Mr John Peart SC, prosecuting, that the alleged victim would be in her father's bed on nights other than Saturday night. She (witness) had looked at television in the accused's bedroom because it had a large screen.

The accused has pleaded not guilty to three charges of sexually assaulting her by simulating sexual intercourse, by rubbing his penis against her and by inserting his tongue in her mouth, and one charge of attempted unlawful carnal knowledge on dates from July 30th, 1993, to November 6th, 1997.

The witnesses said they never saw anything unusual about the alleged victim's relationship with her father.

The barmaid said the accused had told her to keep the girl out of the bar and she would, therefore, be sometimes strict with her.

Both women said they never saw the accused in a very intoxicated state. He might have a few drinks on a Saturday night after the pub closed but not excessively so.

Earlier, Dr Elizabeth Walsh said she found no signs of bleeding, bruising or other injuries when she carried out a genital examination of the girl, who was then 10. Her hymen was intact.

Generally, the girl was a healthy 10-year-old. Though there was nothing abnormal about her, this did not exclude the possibility of her having being sexually abused by being fondled or in some other form.

She said medical literature supported instances of abuse having occurred in cases where there were no abnormal medical findings. She said children sometimes referred to the vagina when they meant their general genital area.

Dr Walsh agreed with Mr Gageby that if there had been repeated sexual intercourse she would have expected to see signs of this.

The hearing continues.