Cork footballer to pay woman €1k for taking her hand without consent at wedding

A Cork intercounty footballer is to pay a woman €1,000 after he admitted taking her hand without consent after following her into a laundry room while he was celebrating his cousin's wedding.

Thomas Clancy, of Carhue in Clonakilty, had pleaded guilty to the simple assault at a previous court hearing and Clonakilty District Court heard he had no memory of the incident, which occurred on June 3 last year.

Mr Clancy, 31, avoided a conviction after Judge James McNulty said “hard lessons” had been learned.

A probation report had been provided to the court following Mr Clancy’s previous appearance before the judge on May 2 last, when a guilty plea was lodged.

Judge McNulty outlined how the facts of the case had detailed how Mr Clancy had followed a member of staff at a hotel in Clonakilty into a laundry room, where he had taken her hand into his without her consent.

The judge said the woman had become upset and had complained to management, ultimately leading to a Garda prosecution.

Mr Clancy’s solicitor, Frank Buttimer, told the judge that such had been the level of his client’s intoxication that his fiancée, who is now his wife, had admonished him the following day.

Wedding reception 

Mr Buttimer said it was not only the wedding reception for Mr Clancy’s cousin but also the start of his holidays and so there was “a level of exhilaration as well”, with whiskies consumed earlier in an apartment in the grounds of the hotel.

The court heard the probation report had found Mr Clancy had been open, honest and candid with the Probation Service. The probation report outlined that while Mr Clancy had no recollection of the incident, he had not questioned the woman’s version of events and had taken responsibility for his actions.

Mr Buttimer said his client had no previous convictions and had contributed significantly to society, not just through his work but also in other ways, such as coaching.

“The sense of remorse that he feels is palpable,” Mr Buttimer said, arguing the benefit of the Probation Act would be a suitable method of dealing with the case.

Mr Buttimer said the woman, now 18, had not initially wanted to make a complaint and the court heard the woman had, in the presence of her mother, declined the invitation to make a victim impact statement and had also declined the opportunity to attend court. As for Mr Clancy, Mr Buttimer said his client was unlikely to ever appear before a court again.

'Drunken foolishness'

Judge McNulty said the court accepted Mr Clancy had no memory of what he called “this drunken foolishness”, adding: “I suspect he has learned a severe lesson regarding that level of intoxication”.

The judge said what had occurred had an impact on the other person, describing it as a “low range” offence but adding: “I daresay it was upsetting for her.” 

 The judge also referred to the context, setting and location of the offence and to the disparity in the balance of power between the two people.

Judge McNulty said as a teacher Mr Clancy had to be exemplary in his conduct and said: “This is a great fall for him and the court thinks he has fallen far enough.” 

The judge said to convict would be “entirely disproportionate” and instead granted Mr Clancy the benefit of the Probation Act, on a bond for three years and without Probation Service supervision.

Mr Clancy was also asked to make a payment of €1,000 to the woman and Mr Buttimer said his client had already written her a letter of apology.