*Both individuals are still living together.
A 71-year old landlord has appeared in court charged with the sexual assault of his tenant at an Ennis apartment last year.
At Ennis District Court, the pensioner appeared charged with the alleged sexual assault offence on October 1st last contrary to Section 2 of the Criminal Law (Rape) Amendment Act.
The alleged victim in the case is a 26 year old man.
Solicitor, John Casey for the accused told Judge Alec Gabbett that his client is contesting the case and requested a hearing date.
The landlord and tenant lived in the same building at the time of the alleged offence on October 1st last.
Judge Gabbett said to Mr Casey “they are hardly still living together?”
In response, Mr Casey said “they are”.
Judge Gabbett imposed reporting restrictions on the identity of the accused and alleged victim in the case.
Sgt Louis Moloney said that the Director of Public Prosecutions (DPP) has directed that the case be heard in the District Court.
After hearing an outline of the facts in the case against the accused, Judge Gabbett said that he would hear the case in the district court. He said, “that seems to be appropriate”.
Outlining the State case against the accused, Sgt Moloney said that the alleged vicim made a formal complaint at Ennis Garda Station on October 1st that was in his bedroom earlier and was the subject of a sexual assault by his landlord.
Sgt Moloney said that the alleged victim alleges that the defendant entered his bedroom and said ‘I love you and I want to have sex with you” and in reply the alleged victim said ‘I don’t want anything sexual with you”.
Sgt Moloney said that the alleged victim will allege that the 71 year old man remained on the bed “and started touching his penis”.
Sgt Moloney said that the alleged victim asked “what are you doing?” and the older man replied “because I like it”.
Sgt Moloney added, “The injured party further alleged that the defendant tried to pull down his pants and told him to stop and that he would call Gardaí”.
Sgt Moloney stated that the alleged injured party “alleged that his penis was touched a second time and he then went to Ennis Garda station and also called 999”.
Judge Gabbett told Sgt Moloney that he could find out from the alleged injured party how he wanted to give evidence for the hearing date.
Judge Gabbett remanded the accused on continuing bail to December 14th for hearing.
