Anne Lucey in Kenmare
A 23-year-old man who was charged with entering a building in Co Kerry as a trespasser with intent to commit sexual assault on a 73-year-old female last December is still under curfew and the case is not resolved. The solicitor for the man yesterday said he wanted the matter struck out as instructions on the case had still not been received from the DPP.
Anthony Hussey of Ardshillane, Sneem, first appeared before a special sitting of Killorglin District Court last December charged with the offence which is contrary to section 12 of the Criminal Justice (Theft and Fraud Offences) Act 2001.
That court was told he was accused of having entered the upstairs bedroom of the woman, who lived alone, as she emerged from the shower sometime after 6am on September 20th last.
Judge James O'Connor ruled that he could be named, despite objections from his solicitor, Padraig O'Connell. He had been remanded in custody. High Court bail was obtained and strict conditions set at his release shortly before Christmas, including a curfew between 10pm and 8 am.
The matter has been adjourned a number of times since.
Yesterday Kenmare District Court was told that instructions from the DPP were still awaited. Judge James O'Connor warned it was time for the DPP now to "wake up".
Mr O’Connell said he agreed and suggested it should be struck out. His client was in court accompanied by his father and his sister. He had no previous convictions and he was basically under house arrest, the solicitor said.
“He has lost his employment. He is under very restrictive curfew and is living at his sister’s house. He is causing no difficulty. I would urge this is brought to a conclusion sooner rather than later,”
Judge O’Connor adjourned the matter to September 9th for instructions from the DPP.