A publican accused of sexually assaulting his daughter denied the charges in evidence to a jury of six men and six women at Dublin Circuit Criminal Court yesterday. He has pleaded not guilty to three charges of sexual assault by simulating intercourse and one charge of attempted unlawful carnal knowledge between July 30th, 1993, and November 6th, 1997.
The accused man told the jury he had been in custody since his arrest on November 21st, 1997, and claimed he was refused bail because of Garda evidence that he was intimidating witnesses on the telephone and had intimated he would leave Ireland.
He agreed with Mr John Peart SC, prosecuting, that he held two British passports. He also agreed he told a lie to gardai when he denied his daughter ever slept in his bed but denied he did this to "hide his behaviour".
The accused alleged earlier that a person he put in to look after his pub while he was in custody left last November "with the year's takings". He didn't know how the pub was now. The fourth day's hearing was adjourned for a short time after the accused broke down in the witness-box when he was shown drawings his daughter had made as presents for him.
Replying to his counsel, Mr Patrick Gageby SC, he said his daughter was possessive of him. She didn't get on well with another girl of around her own age who lived in their house for some months. That girl's mother and little brother also lived there. His daughter liked the boy but tried to "squeeze out" his sister. He did not approve of that.
He recalled her coming to him with six or seven bags of coins which she claimed the other girl had stolen from a safe in the house. He investigated the matter and told her he believed she had taken the money. She was unhappy with his comment.
The accused agreed with Mr Gageby there had been a question about jewellery he found in her bedroom after a family she had spent some time with in Germany in 1997 telephoned him concerning it. She had denied taking anything back from Germany she was not entitled to. He had smacked her for that.
He told Mr Gageby the alleged sexual assaults "certainly didn't happen", and he was never drunk on a Saturday night. He didn't want his daughter to sleep in his bed, but she would use any excuse to get into it or to sleep with others who stayed in the house. He said he still loved his daughter. He vested a house in her name in another country, with her mother as trustee until she was 18.
The jury will retire to consider its verdict after it has been charged by Judge Michael White.