A judge has refused jurisdiction in the case of a man who is accused of sexually assaulting a 16-year-old boy in a gym changing room.
Judge Karen Dowling made the ruling at Tallaght District Court, saying the allegation was too serious to be dealt with at District Court level.
The court heard that the charge relates to an incident on 5 April last, when the man is alleged to have sexually assaulted a minor in a gym changing area, contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1990, as amended by Section 37 of the Sex Offenders Act 2001.
Detective Sergeant Ruth Finnegan told the court that the teenager had finished exercising at the gym and was fully dressed as he left the men’s changing room, when it is alleged the accused blocked his path and “firmly’ grabbed his genitals over his trousers while smirking at him.
The victim, who was 16 at the time, immediately informed staff and Gardaí were contacted. CCTV footage was later obtained and the accused was arrested and interviewed. The court heard that when the teenager verbally confronted him, the man allegedly apologised repeatedly before fleeing.
Judge Dowling said she had listened carefully to all accounts but was refusing jurisdiction due to the seriousness of the allegation, which will now go before the Circuit Court.
The matter was adjourned for six weeks, to 15 January, for the preparation of a book of evidence.