Man who groped shop assistant avoid jail ‘by skin of teeth’ at Kildare court

A MAN who groped a shop assistant after a campaign of harassment avoided a jail sentence “by the skin of your teeth” but still has to pay €6,000 in donations and fines and will go on the sex offenders’ register for six months.

“No doubt about it, he was a pest, a word I use in the strongest way,” said Judge Desmond Zaidan at the sentencing hearing behind the closed doors of Naas District Court last week (5 November).

“She had to seek alternative employment just to avoid him – think about that... I was seriously considering one year in jail,” he mused during sentencing.

Earlier the court heard the facts from Sergeant Ruth Coleman, who explained how the injured party was working as a shop assistant in a convenience store in a Kildare town.

“In her statement on 12 January 2024, the injured party told gardaí that she had been receiving unwanted comments of a sexual nature from the defendant on a daily basis for about a year, and that it escalated on 11 January,” said Sgt Coleman.

“He touched her left breast over the clothes, she shouted at him, and he left the shop. She was cleaning the freezer out,” added the sergeant.

The sergeant explained that the injured party was not present because “she finds court too stressful”, but a victim impact statement (VIS) was handed in.

“My client has entered a guilty plea because he fully accepts the effects his behaviour has had on the victim,” said defending barrister Richard Wixted.

“His solicitor Seamus Boyle has handed in a letter of remorse to the court,” he added.

“As a token of remorse my client has €2,000 in court.” 

The court was told the defendant was a married man, originally from eastern Europe.

“His wife is standing by him, and he earns €625 a week.” 

The court heard how the defendant had two character references in court, only for the judge to say: “Mr Boyle, tell your client this is not a plea deal”.

“The references from his present and previous employer are both sworn affidavits knowing the offence is a sexual assault,” said Mr Wixted.

He then upped the “gesture of remorse” to €3,000, but the judge retorted: “No. €4,000”.

“The offence was of a short duration, and my client left when he was told,” said Mr Wixted.

“I’ll remand on continuing bail until 3 December for €4,000 as a gesture of remorse, but I’m still considering a custodial sentence,” said the judge, as he began to read from the VIS.

‘The impact this has had is hard to put into words. It started as a harmless ‘hello’, that turned into something that made me look over my shoulder, not just at work, but everywhere.

‘What gives him a right to put his hand on my shirt baffles me, and even the thought of his face makes me sick. I was 21-years-old, looking over my shoulder leaving the shop or the house.

‘I hope you see him how he is with no regard for how young women feels; like a piece of meat.’ 

“That’s a very damning report,” said the judge quietly.

“It explains in a very eloquent way how a sexual assault can affect an innocent person.

“It’s a credit to the victim her VIS is to the point, strong and impactful. It is courageous words.

“I want you to try to tell her that, Sergeant.

“No matter how insignificant the sexual assault, the effect can be substantial, so it’s important you tell her.

“The €4,000 is offered as a gesture, it’s not to the court as a buy-out clause, or a get out of jail free card.

“There’s no doubt he was a pest … and I could use lot stronger words.

“Like she said, she’s polite to everyone, but saying hello is not saying I love you.

“This is at the lower end, but this girl had to change employment, that is the consequence.

“You wouldn’t like it if your wife was treated that way.

“If she doesn’t want it (the €4,000) I will donate it to the Rape Crisis Centre or the Women’s Refuge.” 

The judge noted the maximum penalty for a sexual assault conviction was a fine of €5,000 and/or one year in jail.

“I’ll reduce the fine from €5,000 to €2,000, but the sting in the tail is I have to put him on the sex offender’s register for six months from today.” The judge concluded: “Tell him he has avoided prison by the skin if his teeth.”