*Photograph: John Mangan
A MAN accused of sexually assaulting a girl has obtained a restraining court order against the girl’s parents from stalking him.
In the first such case to come before the courts in Clare after the legislation to deal with stalking behaviour came into effect last Monday, the man has secured a Civil Restraining Order against the girl’s parents.
As part of the order granted on an ex-parte basis, Judge Alec Gabbett has imposed an order restraining the girl’s parents from coming within 200 metres of the man and also restrains the two from watching, besetting or threatening violence on the man.
At Ennis District Court, Judge Gabbett granted the order after the man told the court that the father “has been saying things to my neighbours that I was a paedophile”.
He said, “My whole life has been turned upside down by this person”.
The man told Judge Gabbett that he has already been before the circuit court twice on the charges concerning the girl.
He said that a jury found him ‘not guilty’ on one count and couldn’t agree on a second charge and he said that the court is awaiting DPP directions on the second charge that remains before the court.
Giving the background to his ‘stalking order’ application, the man told Judge Gabbett, “I have been falsely accused of sexually assaulting or inappropriately touching someone”.
In reply, Judge Gabbett said, “You have been accused, the ‘falsely’ remains to be seen but there is a case pending before the circuit court of sexual assault”.
The man told Judge Gabbett said that prior to the allegation that is before the court, the girl’s father “had been going around saying I had sexually assaulted someone else’s child in the area which I had brought to the attention of my solicitor”.
He said, “I have been to a psychiatric unit about him – I have been to my GP. I don’t know what to do, your honour”.
The man confirmed that he denies the allegation remaining before the court.
The man alleged in court that the girl’s father “threatened that he would stab me. This happened about a year ago and Gardai said that there is nothing they can do about it”.
He said, “I am distressed. I have had heart attacks. My wife is all over the place”.
Judge Gabbett commented, “This is an ex parte application and obviously it is all your side of the story”.
Judge Gabbett stated that based on initial evidence that he was granted the order on the basis that the girl’s father “is threatening to use violence against you and putting you in fear”.
Judge Gabbett said that he was instructing the Gardai to serve the order on the couple and has adjourned the case to Wednesday, September 11th where they will be able to contest the continuance of the restraining order.
Judge Gabbett advised the applicant to obtain a solicitor for the hearing on Wednesday when the other side will be able to give their side.
He said, “They may arrive with a solicitor who will be able to cross examine you”.
