'Wife's phone call stopped sex assault'
A man who allegedly climbed into bed on top of an elderly neighbour and pulled up her nightgown was interrupted when his wife rang his mobile phone, a court heard.
The man, who is in his 50s, is alleged to have told the frail senior citizen that he wanted to see her in bed.
When she told him to go home to his wife, it is alleged the accused told her to "shush, be quiet".
The man, who is from south Dublin, appeared before Dublin District Court charged with sexual assault.
He is facing trial by judge and jury in the Circuit Court after a judge ruled the allegation was too serious for the District Court.
A judge adjourned the matter for six weeks for the book of evidence.
The court heard the DPP has directed summary disposal of the matter in the District Court.
Outlining the allegation for jurisdiction purposes, Garda Tara Corrigan said it will be alleged the victim, the accused and their friends attended a party on August 7 last year.
Garda Corrigan said the elderly woman, who is in her 70s and frail, said she wanted to go home shortly after 3am on August 8.
The court heard the accused and the victim's sister-in-law offered to walk her the short distance home.
Garda Corrigan said it will be alleged that around 4am the victim heard a knock on her door. It was the accused who told her "I want to see you in bed".
The garda said it will be alleged that the accused followed the elderly woman up to her bedroom. She repeatedly told him, "I'm ok and go home to your wife".
Garda Corrigan said it will be alleged the accused got into bed on top of the woman and started to pull up her nightdress.
In the circumstances and having regard to the age of the alleged victim, Judge Dermot Dempsey said he was refusing jurisdiction of the matter.
The case was adjourned for six weeks to a date in May for the book of evidence.