A Co Wexford businessman has been jailed for one year by Judge Yvonne Murphy at Dublin Circuit Criminal Court for sexually assaulting a then 13-year-old schoolgirl.
Michael Wafer (64), of Seamount, Courtown Harbour, was convicted on February 28th after a jury heard the girl was in his house in relation to a baby-sitting job.
Judge Murphy said she regarded Wafer's offence as being at the upper end of the scale, and he faced a possible 14-year jail term under current legislation. She noted he still protested his innocence so that the Probation Service could not include him in a sex offenders' course.
"One of the most aggravating factors was that he was 62 years old, and she was 13 at the time. I am taking his age and health, the facts that no violence was used, and that he had no previous convictions into account.
"I have no option but to impose a custodial sentence, which I will limit to 12 months."
She added that his name was to be recorded on the register of sex offenders.
Judge Murphy was told previously by Ms Karen O'Connor, prosecuting, that the now 15-year-old victim and her family wanted Wafer named.
Mr Michael Counihan SC, defending, said Wafer and his family had been severely punished by "very unfortunate media reporting" of the case. He would not reoffend.
Judge Murphy intervened to say she had no evidence before her to support that submission, and that media reports of these cases were not illegal.
She directed that Wafer undergo three years' post-release supervision if he remained in the country, but if he and his family moved to Spain as planned the matter was to be brought before her again so that she could waive that direction.
The jury found Wafer guilty of sexually assaulted the girl on a date between February 1st and March 3rd, 2002.
The victim told Ms O'Connor via video-link that she had gone to Wafer's house to arrange a baby-sitting engagement, and he said he would show her the room where she would be baby-sitting for his son. As they left the room, he turned off the light and gave her "a French kiss", by which she said she meant a prolonged kiss.
She said he then asked her to sit on a couch and she thought he was going to apologise to her but he sexually assaulted her.
Garda Sullivan said Wafer described her sexual assault complaint as "absolutely untrue".