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Wednesday 20 November 2019

Man to go on trial over claim he groped woman in random Luas attack

Daniel McCabe (21) has not yet indicated how he will plead
Daniel McCabe (21) has not yet indicated how he will plead

A young man has been accused of groping a woman in a random sexual assault on the Luas.

Daniel McCabe (21), is alleged to have grabbed the woman from behind as she travelled on a Green Line tram in north-west Dublin.

He is facing trial after a judge decided the case was too serious to be dealt with at district court level.

The case against him was adjourned for the preparation of a book of evidence.

Mr McCabe, of Carnlough Road, Cabra, appeared in Dublin District Court charged with one count of sexually assaulting a woman on the Luas.

The incident is alleged to have happened between the Cabra and Broombridge stops on the Green Line on December 15 last year.

Garda Sergeant Zita Woods told Judge Bryan Smyth the Director of Public Prosecutions (DPP) had consented to the case being dealt with summarily at district court level subject to the issue of jurisdiction being considered.

Judge Smyth asked for an outline of the allegations.

Giving a summary of the prosecution's case, Sgt Woods said the incident allegedly took place at 5.25pm on the day in question.

The woman reported that she was on the tram when a man came up behind her and put his hand between her legs, then committed a serious sexual assault through her denim jeans.

He then sat down on the Luas and the alleged victim notified gardai of what she said happened, the court heard.

Judge Smyth asked Sgt Woods how old the alleged victim was and the case was put back for some time in the morning's court list for this to be verified.

The judge then asked for the summary of the proposed evidence to be read to the court again.

Jurisdiction

He refused jurisdiction, meaning the case will be sent forward for trial to the circuit court, which has greater potential sentencing powers than the district court.

Defence solicitor John Quinn said the accused was consenting to an adjournment for the preparation of a book of evidence.

He applied for free legal aid, handing a statement of Mr McCabe's financial means in to the court.

The accused has not yet entered a plea to the charge, which is under Section 2 of the Criminal Law Act 1990.

He stepped forward when his case was called and was not required to speak during the brief hearing.

Mr McCabe was remanded on continuing bail, to appear in court again on a date in late July.

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