A 71-year-old landlord has appeared in court charged with the sexual assault of his tenant at an Ennis apartment last year.
The pensioner appeared at Ennis District Court charged with sexual assault, which is alleged to have occurred on October 1st, 2022, contrary to Section 2 of the Criminal Law (Rape) Amendment Act.
The alleged victim in the case is a 26-year-old man.
Solicitor John Casey, for the accused, told Judge Alec Gabbett that his client is contesting the case and requested a hearing date.
The landlord and tenant lived in the same building at the time of the alleged offence, the court heard.
Judge Gabbett asked Mr Casey “they are hardly still living together?,” to which Mr Casey replied: “They are.”
Judge Gabbett imposed reporting restrictions preventing publication of the identities of bother the accused and the alleged victim.
Sgt Louis Moloney said the Director of Public Prosecutions (DPP) has directed that the case be heard in the District Court.
After hearing an outline of the facts in the case against the accused, Judge Gabbett said he would hear the case in the District Court.
Outlining the State's case, Sgt Moloney said the alleged victim made a formal complaint at Ennis Garda station on October 1st, claiming he was in his bedroom earlier that day and had been the subject of a sexual assault by his landlord.
Sgt Moloney said the man alleges the defendant entered his bedroom and said: “I love you and I want to have sex with you.” The alleged victim told gardaí he replied: “I don’t want anything sexual with you.”
Sgt Moloney said the alleged victim claims the accused remained on the bed “and started touching his penis”.
Sgt Moloney added: “The injured party further alleged that the defendant tried to pull down his pants and told him to stop and that he would call gardaí.”
Sgt Moloney said the alleged victim further claimed that his penis “was touched a second time, and he then went to Ennis Garda station and also called 999”.
Judge Gabbett told Sgt Moloney that he could find out from the alleged victim how he wanted to give evidence for the hearing date.
Judge Gabbett remanded the accused on continuing bail to December 14th for hearing.
