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Saturday 10 December 2016

Sex assault accused broke bail terms by drinking, court told

Paul Moore is charged with sexually assaulting a woman
Paul Moore is charged with sexually assaulting a woman

A DUBLIN man charged with sexually assaulting a woman on a city street has been refused bail.

Paul Moore (50) was remanded in custody after gardai said that they believed he would commit "offences against women".

A garda also alleged that Mr Moore had breached existing bail conditions not to drink alcohol in public by going for a pint of Guinness on his 50th birthday.

Judge Anthony Halpin refused bail at Dublin District Court.

Moore, with an address at Mountjoy Square, Dublin 1, appeared in court charged with sexually assaulting a woman at St Mary's Place North, Dublin 7 on May 8 last.

The alleged offence is contrary to Section 2 of the Criminal Law (Rape) Amendment Act.

bail

The prosecuting garda objected to bail, saying he believed that if it was granted, Moore would commit "serious offences against women".

He said the accused was on bail on another charge and a condition of that bail was that he remains alcohol-free in public places.

He alleged that gardai had seen the defendant drinking in a pub in the city centre on April 30 last.

An officer received a phone call to Store Street Garda Station and went to the pub at 12.15pm.

He said he saw the accused in the company of several other men, drinking a pint of Guinness.

He observed the accused for seven to eight minutes.

Defence Solicitor Michael Hanahoe said the accused understood the bail condition to be that he was to remain sober in public.

The accused said in evidence that it had taken him six years to get work and that he was let go after a week.

April 30 was the accused's birthday and he thought he was able to have a drink, the court heard.

Judge Halpin said Guinness was the type of drink "you would not mix up with any other type".

He said this was probably a lapse because it was the accused's birthday on that date and "he felt he could take a drink".

evidence

Judge Halpin said that he did not accept that the accused had felt the condition was not in force.

The judge said that the accused continued to enjoy a presumption of innocence but that in considering whether to grant bail, he had been "impressed by the evidence of the gardai".

He said the gardai felt that Mr Moore was a danger to the public at large and refused him bail.

Judge Halpin remanded the defendant in custody to appear in Cloverhill District Court.

He also granted free legal aid following an application by Mr Hanahoe.

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