Former Fianna Fáil councillor who harassed waitress receives suspended sentence

Olivia Kelleher

A former Fianna Fáil councillor who harassed a 25-year-old waitress at work has received a nine-month suspended sentence.

Joseph O’Donovan, formerly known as Gary O’Flynn, appeared before Cork District Court on Thursday having previously pleaded guilty to one count of harassment.

The harassment by the 49-year-old occurred on three occasions in late July/early August 2022.

At one point he told that young woman that he was “kind of a stalker".

The victim was present in court for the sentencing hearing today.

Sgt John Kelleher previously told the court that Mr O’Donovan went to a restaurant in Cork city centre on July 30th, 2022. He stayed for two hours during which time he was drinking wine.

He flagged down a waitress and kissed her on the hand telling he that she was “the nicest and prettiest girl he had ever seen". He continued to engage the young woman in conversation whilst he was in the restaurant. His behaviour made her deeply uneasy.

Mr O’Donovan of Melvindale House, Coolowen in Blarney, Co Cork returned to the restaurant on August 1st, 2022.

Sgt Kelleher said that Mr O’Donovan wanted to be served by the same waitress. He ordered food and wine. The waitress felt that he was continuously staring in her direction. He again took her hand and kissed it. He breathed in to her ear and said: "Meet me outside for a tip and I better get your phone number for it.”

The court heard that Mr O’Donovan then went outside and started staring in the window. Sgt Kelleher said the waitress went out and told the accused that he wasn’t welcome and should leave.

“He (Mr O’Donovan) went back in again and asked (the waitress) could he see her again. He was asked to leave by management. He threw a fifty euro note at the waitress.”

Mr O’Donovan returned to the restaurant on August 6th, 2022 at around 10.30pm when the premises was near closing. The waitress told him to leave and Mr O’Donovan said that he was "sorry" and that he "couldn’t help it".

Mr O’Donovan was arrested later that month. He told gardaí he thought young woman was “very pretty” and that he kissed her hand in a manner seen in movies. He claimed that he had carried out the gesture out of politeness and courtesy.

Mr O’Donovan said that he was under the impression that his interactions with the woman were “congenial". He claimed that he never meant to upset her. He insisted he was very sorry for what had occurred.

Victim impact statement

The young woman who was harassed by Mr O’Donovan opted to give her own victim impact statement. She said that she had waited three years to have her say in court about what happened to her.

“For three years I have never stopped looking over my shoulder when I heard steps behind me. This man (O’Donovan) looked me in the eye and called himself a creep. This man looked me in the eyes and called himself a stalker. Then laughed about it.

"Laughter with a laugh that still makes me recoil in fear to this day. That moment has never left me. Because I that moment I realised I wasn’t dealing with someone who didn’t understand boundaries, but someone who chose to violate them.”

On Thursday, at Cork District Court Judge Mary Dorgan was furnished documentary proof of the defendant’s college degree, his subsequent qualification as a solicitor, evidence of his diagnosis of ASD, as well as proof of his having received treatment for issues relating to alcohol.

Mr O’Donvan also brought €1,500 in compensation to the court.

Judge Dorgan imposed a nine-month suspended sentence in the case, suspended for a period of two years. She took his guilty plea, the paying of compensation and the fact that he was no longer drinking alcohol in to consideration when sentencing. Judge Dorgan noted that alcohol would have exacerbated his offending behaviour.

She said that the victim in the case was very upset by what had occurred.

Mr O’Donovan has been ordered to refrain from all intoxicants. He is on a probation bond for 18 months which means that he will have to attend at every service appointment required of him over that time. He also cannot have any contact, direct or indirect, with the victim in the case.

Judge Dorgan warned Mr O’Donovan that he would enter custody if any condition of the suspended sentence was breached over the next two years.

Joseph O’Donovan, when he was known as Gary O’Flynn, was a sitting councillor in Cork city from 2003 to 2008.