Broadcaster Eamon Dunphy has denied that he indecently assaulted a man outside a Dublin night club last year and that he slapped him after kissing him on the cheek.
Mr Dunphy is the central witness in the trial of David Heatly (25), of Devenish Road, Kimmage, who alleges that the broadcaster kissed him and later groped his testicles.
Mr Heatly is charged with making a false report at Harcourt Terrace Garda Station on April 30th, 2003 intending to show an offence had been committed. In his statement he claims Mr Dunphy made lewd gestures at him, called him "a wanker" and offered to give him "a blow job".
"I am not an aggressive person when I am inside or outside. I am not in the habit of kissing bouncers," Mr Dunphy told the jury of seven men and five women on the opening day of the trial in the Circuit Criminal Court.
He told Mr Remy Farrell, prosecuting, that he could not fully recall the events of the night in which he had visited the Ely wine bar, at Ely Place, before taking a taxi to Cats Night Club on Leeson Street.
He admitted he had "a few drinks" on him, about seven glasses of wine and a glass of champagne, when he took the taxi. He said he had the champagne glass in his hand when he arrived.
"I am not a really big drinker of anything. That's a fact," Mr Dunphy said, adding that when he left Ely Place, he was "torn between going home and kicking on", deciding in the end "to kick on".
He said when he arrived at Cats he was neither "incoherent drunk" or falling about the place. He knew where he was, what he was doing, and that "nothing untoward" had happened to him that night.
He agreed in cross-examination by Mr Colm O'Briain, defending, that he did not recall the night's events in detail. However, he said he did not recall kissing anybody or slapping anyone. "I think I am a truthful person," Mr Dunphy said.
While he said he was not lying, he was simply not in a position to recall the night's events in detail. "I wouldn't recognise Mr Heatly from the man in the moon. I genuinely can't recall doing that" to Mr Heatly, he said.
Earlier the jury heard from Cats manager Mr Steven Newman, who was outside the premises when Mr Dunphy arrived. He said he and the doorman of a nearby club engaged in some light-hearted banter with Mr Dunphy about his previous visit to the club during the last World Cup when he failed to appear for work the next day at RTÉ.
They were joined by doormen from Cats, one of whom was Mr Heatly. In the conversation that followed, Mr Dunphy asked for a cigarette. Mr Heatly replied: "You'd think with all your millions you could afford your own." Mr Newman said that was when he noticed Mr Heatly becoming aggressive in his behaviour.
When Mr Dunphy asked about the ambience in Buck Whaleys that night, he was told there were three ladies inside, to which one of the doormen said: "You are more interested in little boys." To this, Mr Dunphy said he would "chance his arm with the ladies" and that if he had no luck, "Dave might get his chance".
Mr Newman told the jury that it was all light-hearted chatter between the men. Mr Dunphy then entered the club but left again soon after. That was when one doorman remarked about Mr Heatly getting his chance. Mr Dunphy then kissed Mr Heatly on the cheek. "It was a good-humoured peck on the cheek," Mr Newman told the jury.
When the remark was made that he had probably left lipstick on the doorman's face, Mr Dunphy put his hand to Mr Heatly's cheek and wiped it.
Mr Heatly subsequently brushed his hand away and said: "That's assault, you all saw it." Mr Dunphy did not respond to the remark and left soon afterwards.
Mr Heatly said he was going to make a complaint to gardaí and drove off in his car. On his return, about one hour later, he told Mr Newman: "It's in the bag."
He said if a claim of indecent assault against Mr Dunphy was made, he would "settle out of court" and that he stood to make €15,000 from it. He also suggested to the doormen present and to Mr Newman that if they supported his version of events they could also benefit financially. When Mr Heatly later asked Mr Newman if he had made a statement to the gardaí, his boss told him: "No, I cannot lie for you."
Garda Paul Kane told Mr Farrell that Mr Heatly filed a statement saying he saw Mr Dunphy approach Cats shortly after 1 a.m., "coming from Angels lap dancing club". Mr Heatly said Mr Dunphy had a glass of wine in his hand and was therefore refused entry.
In his statement, he claimed Mr Dunphy called him "a wanker" and made hand gestures to appear as if he was masturbating. He claimed Mr Dunphy said: "I will give you a blow job" and then kissed him on the cheek.
Mr Heatly also alleged in his statement that that was when Mr Dunphy tried to kiss him on the lips before then slapping him on the face. He said he then asked Mr Dunphy: "Do you know that's assault?"
The doorman went on to say that when Mr Dunphy left Buck Whaleys, he asked if a nearby night club, Strings, was a lap dancing club. He told Mr Heatly that when he was finished at Strings, he would "come back over and give me a blow job". He said another attempt was made to kiss him and that he was then grabbed by the testicles.
Garda Kane said Mr Heatly concluded his statement by saying that Mr Dunphy walked back towards Angels, got into a silver BMW and drove away.
The case continues before Judge Elizabeth Dunne.