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Judge to view CCTV one last time in Sil Fox groping case

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Mr Fox denies the allegations

Mr Fox denies the allegations

Mr Fox denies the allegations

A judge is to view CCTV evidence again in the case against veteran comedian Sil Fox, who is accused of groping a woman as he had a photograph taken with her on a night out.

Judge Paula Murphy told Dublin District Court she would watch the video footage once more before deciding on a defence application to have the case dismissed. She will rule on the application tomorrow.

Sylvester Fox (87) has pleaded not guilty to sexual assault on a woman at a bar in the south city centre on December 17, 2018.

Evidence for the prosecution concluded at the non-jury court earlier this year.

The court has heard Mr Fox agreed to a request for a selfie picture with the middle-aged complainant, who had been on a Christmas night out.

The woman alleged he "put his hand on to my lap, on to my groin and he tickled my vagina, and doing so he said 'you will always remember where this picture was taken'".

She claimed when she confronted him he said "you should be so lucky" and told her "this is ridiculous, this is stupid".

Grainy

The court heard Mr Fox told gardai the woman was a liar and trying to "ruin my name".

Defence barrister Emer Ni Chuagain asked the judge to dismiss the case, arguing there was insufficient evidence to convict the accused.

State solicitor Alva O'Herlihy said while CCTV had been shown, the footage was grainy, unclear and "not conclusive". She said the prosecution was not relying on this but on the evidence of the alleged victim.

She asked the judge to view the footage again.

Ms Ni Chuagain said it was clear the alleged victim's recollection had been incorrect in some respects and that "causes difficulties".

She said the woman had denied she took some of photos that were on her phone but it was clear that they were all taken on that phone and not sent to her by someone else.

The accused, who grew up in the Liberties but has an address at Wellington Lawn, Templeogue, sat in the dock area of the court while the lawyers for each side addressed the judge.

The alleged victim was also present in court.

If the judge does not dismiss the case, a date will need to be set for the trial to resume.