A complainant has told the trial of a man accused of sexually assaulting six young men that he was pinned to a wall during the alleged encounter with the defendant.
The 59-year-old man, who can't be named for legal reasons, has pleaded not guilty to the one count of sexual assault that he faces in relation to this complainant.
The fifth complainant in the case, now 47, told Anne-Marie Lawlor SC, prosecuting, on Tuesday that he was in Transition Year in 1992. He said he had a lead role in the school musical and the accused man was the “main person” in the production.
He said while he was in fourth year, he provided assistance to the accused man. He also told the jury that he visited the man's house around three times. He said there was a “playfulness” to the accused man's behaviour while he was in the house for the first time.
He continued: “When I look back it was gradual inappropriateness.”
Sketch
A sketch of the house by the complainant was shown to the jury. He said the accused man may have taught him a module in fourth year, but did not teach him in fifth or sixth years. He agreed he assisted the accused man on several occasions while in school.
He said he went to the pub with some friends on a night in June or July 1995, after he had done his Leaving Certificate. He arrived around 6.30pm and had two or three pints. He said he left around 9pm to meet other friends.
The complainant said the accused man was also at the pub along with other staff members from the school.
He said he was in the toilets at the same time as the accused man. He said the accused wasn't drunk, but he “knew [the defendant] had drink on him as I could smell it”.
The witness said the accused man was “masturbating into my hand” during the alleged incident. The defendant then pinned him against a wall and there may have been kiss on his neck or cheek.
“His face was up against my face, his penis was fully erect or seven-eighths erect”. He said he told the accused to “stop, please”.
“It was like I was frozen for 10 or 20 seconds. I heard a door opening, it could have been to the ladies, that stopped it.”
He said the accused was “physically very strong”.
When asked by Ms Lawlor, the complainant said he had not consented to the sexual interaction and there had “never” been any discussion of sexual involvement between him and the accused.
He said he left the toilet and met with his friends, but “said nothing” as he was “in shock”.
Alleged offences
The accused man has pleaded not guilty to one count of attempted anal rape and eight counts of sexual assault in relation to six complainants on dates between March 1991 and November 1997 at locations in Co. Dublin.
The man was in his 30s at the time of the alleged offences, while the six complainants were then aged between 17 and 24.
The trial continues before Mr Justice Alexander Owens and the jury.
On Tuesday, the fourth complainant said during cross-examination that there were other sexual encounters at the accused man's apartment, but he could not recall specific details.
The accused man faces one count of sexual assault in relation to this complainant. He has denied any wrongdoing.
Michael O'Higgins SC, defending, suggested that the accused man drove him and others to Kilkenny, and during this journey the complainant “boasted” about taking cannabis, LSD and ecstasy. The complainant replied that he couldn't recall this.
He agreed he had “possibly” smoked cannabis over that summer, but said he didn't recall taking ecstasy. He said he thought he may have used LSD once.
He agreed it was possible that he discussed this with the man during the drive to Kilkenny, but disagreed with defence counsel that he was “looking worse for wear at the time”.
The complainant said he had no recollection of the accused man telling him during the journey that he would not tolerate his use of drugs.
Mr O'Higgins asked the complainant if it is possible the school principal mentioned his drugs use when they spoke at the start of sixth year as he was concerned, rather than a means to keep the complainant in school. The complainant agreed it was possible.
He said he believed that the accused man had told the principal about his use of drugs.
Mr O'Higgins asked if his client would have been “taking a risk” by telling the principal about his use of drugs “if he was abusing you in the manner described”.
“I don't know,” the complainant replied.
The fourth complainant told the jury he received a suspended sentence after pleading guilty to two counts of possession of a controlled drug for sale or supply and cultivation of cannabis plants. He said he had four cannabis plants for his “personal use”.
Mr O'Higgins put to him that there were four other incidents of “mutual” oral sex which were “all consensual” during which he was “wide awake”. The complainant disagreed with this suggestion.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.
