herald

Wednesday 15 August 2018

Man accused of sex act on woman garda

A MAN subjected a woman garda to a degrading sex act as she tried to arrest him while a public order disturbance escalated out of control, it is alleged.

James Colmey (34) allegedly rubbed himself up against the officer and made a lewd remark as she tried to arrest him on her own in a confrontation on a south Dublin street.

The garda said she feared for her safety and she was surrounded by up to 15 people while she waited for backup. She was later temporarily blinded by pepper spray that accidentally hit her when a colleague used it to subdue one of the crowd.

Colmey is one of six people charged in connection with the incident in Bluebell in 2009. He is charged with common assault on the garda, obstruction, failing to stop a vehicle and breach of the peace.

The accused, of Huband Road, Bluebell, is denying all the charges. Dublin District Court heard no sexual assault charge was brought in the case.

Also facing public order charges arising from the incident are his partner Elaine Phillips (36) and her father Patrick Phillips (67), and Emily Colmey (39) all of Huband Road, Alan Behan (19) and Jamie Behan of Ben Madigan Road, Drimnagh.

Obstruction

They are all denying breach of the peace and obstruction.

The main garda witness told the court she was on patrol in the Bluebell area on October 16, 2009, when she saw Alan Behan standing outside Bernard Curtis flats.

When he told her he was there at work "minding concrete", she did not believe him and asked for proof.

She claimed he told her: "F*** you, you stupid tramp, I don't need any ID." She said James Colmey then arrived in a car, driving erratically and stuck his head out the window, shouting: "I'm his uncle, mind your own business and f*** off".

She said Alan Behan verbally abused her again before running off, while James Colmey began to reverse away from the scene. When he ignored her direction to stop, she reached in to get the key.

Defence solicitor Matthew Kenny put it to the garda that her allegation of a sexual act by Colmey was a "total fabrication".

"I am 100pc sure there was a sexual act on me by Mr Colmey," the garda replied.

The case was adjourned to a date in October.

aphelan@herald.ie

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