*The flight was in November 2023.
A 57-year old Galway man charged with two counts of sexual assault of a 16-year old girl on board a transatlantic Aer Lingus flight has been returned for trial.
At Ennis District Court, Garda Emmet Roche gave evidence of serving the Book of Evidence in the case and Judge Alec Gabbett returned the accused man for trial to the next sessions of Ennis Circuit Court.
In court last month, Judge Gabbett transferred the case to the circuit court where more serious penalties apply on conviction after hearing an outline of the case against the man.
The court heard that a captain of the Aer Lingus Boston-bound flight turned the aircraft around over the Atlantic Ocean after being informed that a male passenger had allegedly inappropriately touched a teenage girl sitting beside him on the flight.
The man is charged with two counts of sexually assaulting the then 16 year old girl on board the E1 135 Shannon to Boston flight on November 15th 2023.
In one charge, the man is charged with the sexual assault of the girl by way of kissing her arm and rubbing up and down her thigh with his hand on board the Aer Lingus flight within the jurisdiction of the Irish State, contrary to Section 2 of the Criminal Law (Rape) Amendment Act.
In the second charge, the man is charged with the sexual assault of the girl by rubbing and grabbing her buttocks on the flight within the State contrary to Section 2 of the Criminal Law (Rape) Amendment Act.
Det Garda Ruth O’Sullivan told the court previously that the costs to Aer Lingus of returning the Boston bound aircraft to Shannon is €28,213.
Giving an outline of the alleged sexual assaults, Det Garda O’Sullivan said that the flight had departed Shannon at around 2.30pm.
Det Garda O’Sullivan said that an hour into the transatlantic flight at around 3.30pm, a young girl informed cabin crew that a male passenger sitting beside her had touched her inappropriately.
Det Garda O’Sullivan said, “They then informed the captain who took a decision to turn the flight back to Shannon for the safety of all on board”.
She said that the young girl and her family returned to Shannon airport where statements were obtained in the short turnaround before they took off again for the US.
Sgt John Burke said that two other charges against the accused are now withdrawn.
The first withdrawn charge concerned the man being charged with engaging in behaviour of a threatening, abusive or insulting behaviour on the flight.
The other withdrawn charge concerned the man being intoxicated on board the EI 135 flight on November 11th 2023 to such an extent as would give rise to a reasonable apprehension that he might endanger himself or other persons on board the said aircraft
Judge Gabbett gave the accused man the alibi warning where if an alibi formed part of his defence that he must inform the State within 14 days.
Judge Gabbett granted legal aid to solicitor, Kieran O’Brien to represent the accused and extended the legal aid cert for a barrister to also represent the accused in the circuit court. Judge Gabbett continued reporting restrictions on the identity of the accused man and the complainant.
Judge Gabbett remanded the man on continuing bail to appear before the next sessions of Ennis Circuit Court which will be early next year with a call over date on December 13th next.
