A 34 year old man has been charged with the sexual assault of a teenage girl in Fermoy, Co Cork which occurred at lunchtime on Monday at Chapel Hill near the town centre.
Kamil Szymczak, with an address in Fermoy, appeared before Mallow District in Co Cork charged with the sexual assault of a female contrary to Section 2 of the Criminal Law Rape Amendment Act 1990.
Det Garda David Forsythe gave evidence of the arrest charge and caution of the defendant at Fermoy Garda Station.
He told Judge Alec Gabbett that Mr Szymczak, who is a Polish national, made no reply when the charge was put to him under caution. The court heard that the accused has lived in Ireland for almost ten years.
Det Garda Forsythe objected to bail being granted in the case given the seriousness and nature of the charge. He stated that the assault on the 16 year old girl involved a male attacker touching the undergarments of a female last Monday afternoon in Fermoy. The attack occurred at 1.20pm just metres from the local church Det Garda Forsythe said that it was a serious offence which had a maximum penalty of 14 years on conviction. The teenage victim cannot be identified for legal reasons.
Sergeant Linda O’Leary said that gardaí were vehemently opposed to bail in the case being granted given that a a juvenile was attacked. She also cited the gravity of the charge and the potential sentence involved if a conviction was obtained in the case.
Defence solicitor Ciaran O’Keeffe asked Det Garda Forsythe if he would characterise the attack as a “stupid incident” and at the lower end of the scale. The Garda declined to be drawn on the matter.
Mr O’Keeffe said that his client had engaged with gardaí and was fully cooperative with officers who are investigating the case.
He stated that Szymczak was receiving medical help for his drink and drug problems. He added his client had a history of alcohol and drug use.
Judge Gabbett granted free legal aid in the case. He said that it was a serious matter where a man went up behind a juvenile female “and tried to forcibly remove her undergarments - it is alleged. I don't see how you could not see that as serious?"
Judge Gabbett declined to grant bail in the case. He remanded the accused to appear before Mallow District Court on February 15th next. He will appear by video-link at his next court sitting.