Sgt John Kelleher told Judge Olann Kelleher this week that the DPP had directed the matter be dealt with on indictment before a judge and jury at Circuit Court level.
A 62-YEAR-old West Cork man will be tried by judge and jury on a charge of sexually assaulting a 17-year-old girl in a ward in a Cork hospital last year.
Andrew O’Donovan from Butlersgift, Drimoleague, was initially charged in June at Cork District Court with sexually assaulting the teenage girl in CUH on May 14th 2018.
Cork Protective Services Unit Det Garda Caroline Keogh had given evidence of arrest, charge and caution when she charged Mr O’Donovan last month.
Det Garda Keogh told the court that Mr O’Donovan denied the sole charge against him when it was put him after caution, and said: ‘I did nothing to that girl – I just shook her hand.’
Det Garda Keogh told Judge Olann Kelleher that the State would allege that Mr O’Donovan sexually assaulted the girl when they were in the same ward at CUH.
The State would allege the defendant approached the girl’s bed where she was sleeping and touched her breasts and her vagina and she awoke to find her private parts being touched, said Det Garda Keogh.
Cork District Court was told previously that the matter was listed that the DPP had consented to the matter being dealt with at Cork District Court, but only on the basis of a guilty plea.
Defence solicitor Eddie Burke told Judge Kelleher on that occasion that he was seeking the book of evidence in the matter and this week, Det Garda Keogh served the book e on Mr O’Donovan.
Sgt John Kelleher told Judge Kelleher this week that the DPP had directed the matter be dealt with on indictment before a judge and jury at Circuit Court level.
He applied to have the matter returned to the next sittings of Cork Circuit Criminal Court starting on October 29th and Judge Kelleher remanded Mr O’Donovan on continuing bail to appear at Cork Circuit Criminal Court on that date.
In the meantime, he must sign on once at week at his local garda station.