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Ellen Gough, 20 Mar
A 45-year old Dublin man has pleaded guilty to carrying out a solo sex
act in view of others in the men's changing rooms at the Inn at
Dromoland hotel in February of last year.
At Ennis District Court, Sgt John Burke told the court that the offence
coincided with an LGBT event taking place at the Co Clare hotel on the
weekend of February 12 last year.
Sgt Burke said: “I think maybe the defendant didn’t realise that the
complainant was using the facility as a gym and thought that he was
part of the party essentially.”
Outlining the facts of the incident, Sgt Burke stated that advances by
the accused to another man in the changing rooms were rebuffed.
He said: “the complainant then proceeded to change clothes and as he
did so, the defendant engaged in a sexual act on himself."
In the case, the accused has pleaded guilty on February 12 2023 at The
Inn at Dromoland, Newmarket on Fergus to engaging in an act of
masturbation in the hotel changing rooms at the Inn at Dromoland in
view of other persons, contrary to section 45 of Criminal Law (Sexual
Offences) Act 2017.
Sgt Burke said that the accused has no previous convictions.
Solicitor, Michael French for the accused said that his client has
travelled down from Dublin and met with Garda Elaine O’Mahony by
appointment and has been fully co-operative from the outset.
Mr French said: “It is a very sensitive matter. I have a letter of
apology and a letter from his GP outlining the seriousness of the
situation and the detrimental effect it has had on my client’s mental
health."
Judge Alec Gabbett asked if there was a victim impact statement in the
and Sgt Burke said that none was forthcoming.
Mr French said: “It is safe to say that this was an isolated incident
and my client hasn’t come to an adverse attention in the interim. My
client is really, really struggling with his mental health over this.”
He added: “He has a sum of €500 in court, judge. He is particularly
concerned about the ramifications of a conviction that would be
imposed. I appreciate that it is a big ask."
Mr French said: “It is highly, highly unlikely for him to come before
court again. The seriousness of the situation isn’t lost on him."
Judge Gabbett remarked: “A complicated situation is how I would see
it.”
Sgt Burke stated that an adult caution was available to the court for
the offence before the court.
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Judge Gabbett said that he is going to order a Probation Report on the
accused.
He said: “It is a simple matter to get the report and assess the risk
factors. I owe it to the accused.”
Judge Gabbett remarked: “There are a lot of cases like this coming
before the court. We tend to do well when reports are provided and it
will allow the accused to be properly assessed.”
Judge Gabbett remanded the accused on continuing bail and adjourned the
case to June 12th.