A TEENAGE girl told a Garda specialist interviewer that she was “scared and angry” after a then 14-year-old boy “humped” her at a popular swimming spot in Killaloe, County Clare, three years ago.
In the case at the Children’s Court at Killaloe District Court, sitting in Ennis, Judge Alec Gabbett found the boy guilty of the sexual assault of the girl, who was aged 15 at the time of the offence on May 14, 2022.
The boy denied the sexual assault, which occurred at a pontoon at Canal Bank in Killaloe.
Judge Gabbett said he was finding the State facts proven against the now 17-year-old boy, adding that the girl – now also aged 17 – was “a very credible witness and dealt with cross examination very well”.
The girl was in court to hear Judge Gabbett say he had “no doubt in my mind that, based on the evidence, inappropriate touching and the physical incident occurred”.
Judge Gabbett said the prosecution – led by State solicitor for Clare, Aisling Casey – was very careful to prove the identity of the accused in the case.
Judge Gabbett said that the case involved “some very, very young people”.
“The boys and girls were interacting, which would not be unusual given their age. What is unusual is what followed.”
In an interview with specialist Garda interviewers played to the court, the girl said: “I turned around and told him to stop and he wouldn’t stop.”
“I pushed him away by the shoulders.”
Asked how she felt, the girl replied: “I was scared and angry.”
The boy – accompanied to court by his mother and older brother – had been in for a swim with friends and was only dressed in his boxer shorts. The girl said she felt his wet boxers on her skin when he “humped” her from behind.
Referring to the accused, she said: “One of the boys came from behind me and started touching my bum and then he slapped it and then he grabbed it again.”
The girl said that two girls and three bots were on the pontoon at the same time.
She said she didn’t know the boy and, before the humping incident, the girl said she heard two boys, including the accused, “make comments about my body like “How about you turn over and bend over for me'”.
The boy – represented by solicitor Daragh Hassett – was arrested by Gardaí and when asked at interview if he touched the girl inappropriately, he said: “No, a million per cent, no.”
He said he didn’t touch the girl in any shape or form, adding: “I have three witnesses.”
When asked by a Garda if “everything she says isn’t true”, the boy replied “yes”.
Judge Gabbett said as the accused is a child, he must order a probation report for sentencing and adjourned the case and further remanded the boy on bail to September 7.
The judge also found the boy guilty of having in his possession the girl’s Revolut card on the same day.
