A 79-year-old Limerick man who propositioned a schoolboy for sex in a public toilet in North Cork was remanded in custody for one week pending sentence.
Detective Garda Yvonne Cashman gave evidence today of Denis Carey’s sexual exploitation of a child.
Det. Garda Cashman said a 15-year-old schoolboy in uniform went into the public toilet, went into a cubicle and urinated and then was walking out of the toilets when Denis Carey, who was watching him, called to him and asked him to perform oral sex.
Det. Garda Cashman said the elderly man put one hand on his crotch and with his other hand he made a forward and back gesture with his fist in front of his mouth.
The schoolboy left and went home without any interaction with the accused whom he did not know. Half an hour later he told his father what had happened.
“They drove back to the toilets and saw the defendant sitting in his car outside. They made eye contact with him. He drove off immediately. They were on the phone to gardaí and followed the suspect.
“Both cars stopped outside (the local) garda station. He made a voluntary statement. He denied anything happened. He admitted knowing he (complainant) was a child and admitted asking him (to engage in oral sex). He said he thought the boy was in the public toilet for sex,” Det. Garda Cashman said.
CCTV showed that four times in a period of 20 minutes that afternoon the accused had gone in and out of the toilets. At one stage he went to his car and drove it to a spot closer to the toilets.
The defendant’s barrister Donal O’Sullivan submitted that the defendant had reached this stage in his life without being convicted of any offence and is a married man with four adult children.
Mr O’Sullivan argued that the justice of the case might be met by imposing a fully suspended sentence on condition that he would come under the direction of the probation service.
He also said that the accused was also facing the embarrassment arising from media coverage of the case.
Mr O’Sullivan accepted that the accused did not have great insight but did express remorse.
Judge Seán Ó Donnabháin said he understood what the defence barrister was seeking but he said, “I am not sure, given the somewhat limited insight. I am not sure if it should be dealt with in an entirely non-custodial manner. The lack of insight, the nature of the offence, the elements of preparation on the day and he was around that location for a while. I will remand him in custody for a week.”
The judge said he would need definite evidence of what was envisaged by way of probation supervision of the accused.
“I would have to be certain there was something more active than a zoom conference,” the judge said as he remanded the accused in custody until December 4.
Denis Carey of Garden Field, Dromcollogher, Limerick, pleaded guilty to a charge of sexual exploitation of a child when he was arraigned at Cork Circuit Criminal Court.
The charge was one of sexual exploitation of a child by inviting him to engage in a sexual act at a public toilet that would have involved the commission of an offence against the child.