A 22-year-old man who was jailed for 18 months for sexually assaulting a "comatose" teenager will not serve any more time as he is already behind bars for dangerous driving causing death.
At Ennis Circuit Court, Judge Gerald Keys imposed a three-year jail term, suspending the final 18 months, on Rene Miko, formerly of Place de Plouzane, Kilrush, Co Clare, for sexually assaulting the then 18-year-old woman at a house on October 9/10, 2015.
Miko is serving a six-year jail term with the final two years suspended which was imposed last March for dangerous driving causing the death of Ennis GAA coach Eugene McNamara (42).
Slovakian-born Miko was twice over the legal drink- driving limit when he knocked down and killed Mr McNamara on October 26, 2016.
Judge Keys said that by virtue of Miko's guilty plea to the sex assault and the mitigating factors in the case, he was suspending the final 18 months of the three-year jail term.
Miko won't serve any additional time in jail for the sexual assault as that sentence starts from now.
The complainant in the case realised she had been the victim of a sex assault only when a friend sent her a video clip of the assault the following day.
Miko, who was also 18 at the time, the teenage girl and other friends had gone to a party at a friend's house.
Judge Keys said yesterday that Miko had taken advantage of a friend "when you knew she had become comatose due to excessive quantity of alcohol".
He told the accused: "You took advantage of your friendship when you knew that she could not consent to the activity."
He said the mitigating factors were Miko's guilty plea, that he fully co-operated with gardaí, that he had no previous convictions before committing this offence, he accepts what he did was very wrong and has apologised for his wrongdoing and has shown remorse.
Judge Keys also stated that Miko's conduct "was not predatory" and there was no violence involved.
He said the sexual assault had had a profound impact on the victim.
The woman told gardaí she felt "violated" over what happened.
In her victim impact statement, she said: "I lost out on my youth over this. Life has been very difficult.
"I lost all my trust in people after the ones I trusted the most took that away from me."
She added that after Miko's guilty plea "I can now move on with my life and that justice was done for what happened to me".
In evidence, Det Garda Conor Flaherty said it was very distressing for the victim to see the video footage of the assault.