A GARDA went on trial yesterday on charges of sexually assaulting a 13 year old girl while she was babysitting in his house.
The garda, who is married and in his 40s, denied sexually assaulting the girl by rubbing her genitals and breasts with his hand, and by kissing her, contrary to the Criminal Law (Rape) Act 1990, on December 24th, 1995.
Galway Circuit Criminal Court heard that he was suspended from duty pending the outcome of the case.
Mr Conor Fahy, prosecuting, said the girl had agreed to stay overnight while minding his son, who was about seven years old.
When the girl arrived at the garda's house at 11.30 p.m. on December 23rd, there was no one there. After watching television she went to bed at midnight in a spare room and slept in the same bed as the child.
She described waking up later when the accused man had his hand on her stomach. He was in the bed and proceeded to touch her "private parts between her legs and her breasts" outside her pyjamas, it was alleged.
She was scared and locked herself in the bathroom. The defendant then flashed the light and said he wanted to use the toilet. He returned to the bedroom after she failed to find a key to lock it.
He knelt over her and started kissing her on the lips, which prompted her to say she was scared and threaten to tell his wife. She then decided to pretend she was ill. When his wife returned later, she said she was ill but did not indicate what had happened, said Mr Fahy.
Under cross examination by Mr Barry White SC, defending, the girl confirmed that the boy who was sleeping beside her had not woken up during the alleged incidents. She denied repeatedly that this was because nothing had happened.
"I'm 14 years of age. I should know what happened. I'm not lying."
She insisted that the defendant had said that his wife had left him, but accepted that they were living together and that his wife, who was also her godmother, was working in a pub that night.
Supt Jim Sugrue told the coup that he had been appointed to investigate allegations against the garda. Having interviewed the girl and taken six other statements, he was of the opinion that the defendant should be arrested.
He was brought to Salthill Garda station at around 3 a.m. on March 14th last. His period of detention was extended while records were checked, because he claimed he was on duty at the time of the alleged offences.
The defendant had complained of "oppressive questioning" and "looking for a solicitor all night". A solicitor was eventually found at 9 a.m. after three others were found to be not available.
The trial before Judge Diarmuid Sheridan and a jury continues.