Publican told to raise €10,000 for assault victim or face jail
An elderly publican with Parkinson's Disease was given a last chance by a judge yesterday to stay out of jail for two sex assaults on his health service care worker.
Judge Kevin Kilrane said if Frank Darcy didn't raise €10,000 compensation for his victim by January, he would send him to prison at the Curragh.
The judge rejected a €4,000 offer and told 72-year-old Darcy: "You are suffering from Parkinson's. There is a facility in the Curragh in Kildare for prisoners like you and you will be detained in custody.
"If that €10,000 is not in court I will finalise the matter with a substantial prison sentence. Get it from your family or wherever."
Earlier the judge was told at Ballyshannon District Court that Darcy's wife was dead and that his pub had not operated since earlier this year.
Defence counsel Peter Nolan said: "His only income is social welfare. He has raised €4,000 and that is all that is available."
The judge said that wasn't enough and he remanded Darcy, of Eastport, Ballyshannon, Co Donegal, on bail to return with €10,000 or face jail on January 20.
Judge Kilrane recalled that Darcy had pleaded not guilty in October to two sex assaults on September 28, 2009, against his HSE care worker, who can't be named on court orders.
The judge said: "You have been convicted of very serious offences of sexual assault after a full contest when it was put to the carer that she fabricated the story and made it up and she had to suffer extremely emotionally in the witness box."
An earlier hearing was told that Darcy put his arms around the carer in the bar and kissed her, stuck his tongue in her ear and opened the button of her jeans and put his hand down her trousers.