Monday 27 January 2020

Gardaí had to pull man away from drunk woman as he sexually assaulted her - court told

Andrzej Tadel
Andrzej Tadel
Andrew Phelan

Andrew Phelan

Gardaí had to pull a man away from an unconscious woman as he sexually assaulted her on a Dublin street, it has been alleged.

Andrzej Tadel (43) is accused of pulling down the woman's trousers and assaulting her as she lay drunk in a laneway in the city centre.

It is alleged he ignored gardaí when they shouted at him to stop.

Mr Tadel was sent forward for trial when he had a book of evidence served on him at Dublin District Court.

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Judge Bryan Smyth granted him bail despite garda objections.

Mr Tadel, of no fixed address, is charged with sexually assaulting the woman on a date in July last year.

Objecting to bail, Garda Caroline Purcell cited the strength and nature of the proposed evidence.

The charge carries a maximum possible sentence of five years on conviction, said Gda Purcell.

She told the court the incident happened between 11 and 11.45am. A witness called 999 after she said she observed the accused pulling down the woman's trousers and underwear before touching her.

As two gardaí arrived at the scene, they saw the accused and alleged victim lying on the ground, and saw him touching her with her trousers and underwear pulled down, Gda Purcell said.

They shouted at the accused to stop and it was alleged he ignored this and proceeded to touch the woman in full view of the two gardaí and "had to be physically pulled off the unconscious female to stop him".

The woman was still unconscious at this point and had to be roused by the officers.

She told them she had not consented to the act and was incapable of doing so as she was highly intoxicated.

She further stated that she "does not know this male", the garda said.

There would be two garda witnesses, as well as an independent witness.

The alleged assault was not captured on CCTV but there was other footage from the vicinity that showed both parties before it, Gda Purcell said.

This was of high quality and both were clearly identified, she added.

Mr Tadel made certain admissions during interview, Gda Purcell said.

She believed he was a flight risk as, while he had lived in Ireland for 13 years, he had no ties here and stated in interview "now I'm thinking of going back to Poland".

Applying for bail, defence solicitor Donal Quigley said Mr Tadel was presumed innocent and could resile from any admissions at any stage. He had attended court while on bail.

There had been alcohol involved in relation to both parties, the court heard.

Judge Smyth granted bail in the accused's own bond of €500 with no cash required.

Under conditions, he must sign on three times weekly at Bridewell garda station, Dublin, remain sober in public and have no contact with the alleged victim.

A book of evidence was then served on the accused and he was sent for trial to the next sittings of Dublin Circuit Criminal Court.

Judge Smyth extended free legal aid to cover both junior and senior counsel after Mr Quigley said it was a charge of "exceptional gravity".

Irish Independent

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