Bar worker in Cork city flashed by man when she told him she could not give him cigarette

A bar worker who was on a smoking break outside the Cork city centre premises was flashed by a man when she told him that she could not give him a cigarette because her rollies were inside the pub.

Several customers were sitting at tables outside the premises and two security staff were outside the door when the flashing incident occurred at around 8.30pm on the evening of December 10, 2021.

The incident was described in evidence at Cork District Court by the young woman who said she was very uncomfortable and shocked and felt awful after the stranger exposed himself to her.

James Sheehan of 13 Ravensdale Road, Mahon, Cork, denied a charge of exposing his penis to the young woman, thereby intending to cause her fear, distress or alarm.

Donal Daly, defence solicitor, said an essential element of the charge was the intention to cause fear, distress or alarm but that there was absolutely no evidence of intention on the part of the 33-year-old.

Judge Marian O’Leary said, after hearing evidence from the complainant the defendant, witnesses and gardaí, “I completely accept (complainant’s) evidence that this man did flash her. She could tell he was under the influence of drugs or something.

“The evidence is that he was very very intoxicated. I accept Mr Daly’s argument that he did not intend to cause her fear, distress or alarm. On the evidence before the court I am dismissing the case.” 

Because the defence accepted the complainant’s account, it was agreed that Inspector Mark Keating could read her statement to the court rather than her being required to get into the witness box.

The complainant said that when she told the man she did not have a cigarette to give him, he pulled down his pants exposing his penis while staring into her face. She immediately complained to the bar manager that “a man had just flashed me” when she was on a smoking break.

Defendant, James Sheehan, said he was not a saint but never had any convictions for anything remotely like this. He said he was drinking to black out at the time and could not cast doubt on what the complainant said.

But he said he never put a woman in fear and had no intention to cause fear for this woman by his actions. 

“It is not me. It is not the person I am. I have never done anything like this before. I really really apologise… I genuinely was black out drunk. I am shocked I am sitting on the stand for something like this. I have never been up for anything like this ever," he said. 

Mr Daly's solicitor repeated that the defence was not that the young woman was not truthful, it was only that the defendant did not intend to cause fear, distress or alarm by his actions.