A Tallaght man who was given a seven-year suspended sentence for aggravated sexual assault of his friend's fiancee has been ordered by a judge to leave the area before Christmas and not to come within three miles of it again.
Declan O'Toole (28), of West Park, Oldbawn Road, was convicted by a jury last July of aggravated sexual assault and sexual assault of the woman in her bed on May 24th, 1997.
The jury of eight women and four men acquitted him of raping the woman on the same occasion.
The victim asked that his identity be published in the media.
Mr Justice Kinlan at the Central Criminal Court yesterday also directed that O'Toole abstain from alcohol for the rest of his life, attend Alcoholics Anonymous counselling at least once a week and remain under probation supervision as required by the service.
When he imposed the sentence on November 8th, the judge directed that O'Toole return to court so that it could impose as stringent a list of conditions on him as required by the probation service. Mr Justice Kinlan said that if O'Toole broke any of the conditions imposed by the court, he would have to serve the seven-year term. Mr Justice Kinlan said if O'Toole was jailed the case could be reviewed in four years time.
He rejected a request by Mr Tony Hunt, defending, for a deferral to January 6th of the order that O'Toole leave the area by December 20th. The judge also refused leave to appeal severity of that condition and that he not come within three miles of the area.
Mr Hunt said O'Toole had already begun arrangements to move house but he needed more time. He said O'Toole accepted the condition, which was difficult at the best of times, but was more difficult now due to the proximity of Christmas. His workplace was also within the banned area.