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 12th 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: “He 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 12th 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.
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.
