Wheelchair-bound Kildare man charged with sex assault on young relative

The defendant from Co Kildare was wheeled into an empty sitting of Naas District Court last week
Wheelchair-bound Kildare man charged with sex assault on young relative

Photo for illustrative purposes only

AN ELDERLY man charged with the digital penetration of a pre-teen relative was sent for trial to Naas Circuit Court – despite being in a wheelchair, and allegedly suffering from Alzheimer’s. The defendant from Co Kildare was wheeled into an empty sitting of Naas District Court last week by two of his adult children to receive a book of evidence on a single charge of sexual assault, allegedly committed in July 2025.

“He is to be sent forward on an assigned plea [that is, pleading guilty on an indictable offence] to the present sittings of Naas Circuit Court which began on 6 October,” explained Sergeant Mary Meade.

The defendant’s solicitor Tim Kennelly asked Judge Desmond Zaidan to extend legal aid to include a psychiatric assessment of his client.

“I see there are no issues with fitness to stand trial from the state,” the judge noted.

“It’s more his capacity to stand, suspected Alzheimer’s,” clarified Mr Kennelly.

Judge Zaidan accepted this and ordered a medical report on the defendant as well, before turning to the two people accompanying the man, reassuring them with: “Your father is not insane”.

“No,” replies the son, “but he is forgetful, and answers stuff that’s not relevant.” 

Judge Zaidan commented: “At least there are responsible adults with him so if he doesn’t comprehend what I’m going to do, his children and solicitor will see I haven’t trampled over his legal rights.” 

After the legal formalities were completed with the handing over of the book of evidence, the judge gave the defendant his alibi warning – that is, if his defence relies on an alibi, it must be submitted within 14 days – before granting legal aid for a senior counsel and a psychiatric report “for issues of capacity with dementia and Alzheimer’s”.

Sgt Meade then outlined the offence to the court. “The child was in bed [at the given address of another relative] when the defendant allegedly got into bed beside her, started rubbing her stomach, put her hand inside her pants, touched her vagina, and put his finger into her vagina,” said the sergeant.

“He is being charged with digital penetration under section 4 of the Rape Act, simple assault,” noted the judge. “Any good barrister would stop you from giving that evidence, because that’s not the charge.

“This is sexual assault simpliciter. Inserting a digit without consent is rape, and he’s very lucky he’s only charged with sexual assault and not rape.

“The problem with psychiatric analysis in Ireland is that doctors can’t go outside the patient for a full medical history. I’m ordering that if the doctor sees fit to consult this man’s family to enquire about this man’s medical history, he is to do so.

“I’ve noticed we’ve been talking for 15-20 minutes, and he hasn’t blinked once in that time. He’s been motionless this whole time. I’m ordering that the psychiatric report will be sent to the circuit court,” concluded the judge before the defendant was wheeled away by his family.

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