Man 'misread the signs' and exposed himself to woman while working in her home, court hears

Tom Tuite

A tradesman who exposed himself to a woman during renovations in her south Dublin home “misread the signs” while trying to set the scene for relations, a court heard.

Judge Treasa Kelly adjourned Sabanija Mustafic, 56, for a probation report to assess if he is a risk to others, and a compensation proposal for the victim.

Dublin District Court heard on Wednesday that the Bosnian construction worker, living in Ireland for 18 years with no prior convictions, "exposed his penis to her when she was sitting in the sitting room".

The complainant was shocked and was unable to leave the room for a while but eventually got the courage to get out.

As she passed him in the hall Mustafic, of Carrig Court, Fortunestown Lane, Saggart, Co. Dublin, was still exposed. Defence counsel Paddy Flynn confirmed there was a guilty plea by Mustafic to the charge of exposing himself and causing fear and alarm.

The accused did not address the court.

Pleading for leniency, the defence barrister said Mustafic suffered from PTSD and anxiety. They were a result of his military experiences as a Bosnian Muslim in the civil war during the break-up of Yugoslavia in the 1990s, which claimed the lives of 10 of his family members.

Counsel said on the date of the incident, last June, his client was with a crew doing work on the woman's house and "for whatever reason got it into his head that there was some form of chemistry or some invitation".

Counsel described it as a woeful excuse and beyond senselessness in how he interacted and tried “to set the scene” for relations with the woman.

In a mitigation plea, the court heard he left the property following a confrontation with the woman's mother, which was "an ordeal in of itself".

Mr Flynn said the accused now categorically understands his wrongdoing in how he interacted with the lady and was embarrassed.

The defnce barrister asked the judge to note his client made admissions to gardaí and that Mustafic was pro-social and of good behaviour until this incident.

The victim had paid a €1,000 deposit for work that stopped as a result of her complaint to gardaí.

Judge Kelly agreed it must have been shocking for the injured party but noted the accused had taken responsibility for his actions, and his guilty plea which spared the complainant having to give evidence in a trial.

The offence under section 45 of the Criminal Law (Sexual Offences) Act 2017, is punishable at the District Court level with a maximum term of six months in prison. The case resumes in May.