A clothes shop owner accused of lifting a woman’s skirt and making sexual comments to her in his store has been denied a trial with a judge and jury in a higher court.
Judge John Brennan ruled that the case would remain in Tallaght District Court, stating that the alleged offence was too minor for a higher court and that the State should not be put to undue expense.
The incident is alleged to have taken place on 7th January, 2022 at a clothing shop in Dublin.
The man is being charged under Section 45 of the Criminal Justice (Sexual Offences) Act with making a sexually explicit remark and a suggestive gesture towards the woman.
Garda Sergeant Ruth Finnegan told the court that while there was no physical contact, the accused allegedly lifted the woman’s skirt and made a comment about her “beautiful pussy” while also making a hand gesture that indicated a sexual act.
The accused was not present in court but was represented by solicitor Michael Hennessy. He has pleaded not guilty and argued that the case should be heard in a higher court with a judge and jury.
Mr Hennessy told the court the accused claims that lifting up the woman’s skirt or clothing was part of his job while doing alterations.
However, Judge Brennan said that the matter would be dealt with in the District Court.
An order for disclosure was made and the case has been adjourned until 20th May for mention. Judge Brennan told the accused that he has the right to appeal the decision on jurisdiction.