Monday 20 November 2017

Judgement reserved in appeal for sex offender who ambushed woman in public toilet

The Court of Criminal Appeal has reserved judgement in an appeal brought by a man who was jailed for fifteen years for ambushing a woman in the public toilets of a Cork town and subjecting her to over half an hour of rape and sexual violence.

Przemyslaw Jakubowski (39) was wearing women’s underwear when he grabbed the woman from behind as she was drying her hands after running errands in the town. He pulled her into a cubicle and threatened to kill her.

Jakubowski, formerly of Egmont Court, Earls Street, Kanturk had pleaded not guilty at the Central Criminal Court to twelve counts including rape, oral rape, anal rape, threats to kill, assault causing harm, sexual assault and false imprisonment during the attack on the woman on the afternoon of March 9, 2010.

In June 2011 the Polish native, who has a previous conviction for attempted rape, was sentenced to 15 years by Mr Justice Patrick McCarthy after being found guilty on eleven counts and found not guilty by direction of the judge of one count of oral rape.

Moving the appeal today, Mr Conor Devally SC said the only ground advanced in the conviction appeal was the invalidity of  a search warrant relied upon by the prosecution to introduce in to evidence items from a search of the applicant’s house.

The appeal court heard the search warrant was issued pursuant to Section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997.

Mr Justice Donal O’Donnell, presiding at the Court of Criminal Appeal, said the court would reserve judgement in the matter.

The sentence-hearing heard evidence that Jakubowski ambushed the woman as she was in town that afternoon.

He got her in a headlock and locked the door before pushing her head against the cubicle wall. She noticed he was wearing a cap, dark sunglasses and dark clothes with blue women’s underwear and a stained pink slip underneath.

There was an unopened packet of tights held up by his thong and a can of lager in his jacket pocket.

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