An 47-year-old man who sexually assaulted a woman in her 30s as she worked in a newsagents in Ballina was sentenced to jail for five months at this week’s sitting of Ballina District Court.
Garda Fiona Reilly received a report on April 23 2010 from Nicola Moyles, an employee of Hallahan's newsagents, Pearse Street, Ballina that an incident had occurred in the shop at 10.10am.
Ms Moyles, had been working alone in the shop at the time when John Garvey, 27 Dolmen View, Ballina entered the premises. Garvey said to Ms Moyles that he was looking for Sellotape and Ms Moyles had gone to a stand to look for it for him. As she looked, the defendant, who was stood directly behind her, placed his hand on her hip and pushed his body firmly into hers. Garvey then placed his right hand on her right breast and moved his hand down the right side of her body to below the hip. Ms Moyles pulled away and confronted Garvey as to his actions. Garvey told her that he had stumbled. The woman asked him to leave the shop and as she walked away he touched her bum.
The defendant was known to Ms Moyles as he was a regular customer and she named him to gardaí. Gardaí called to his residence however there was no reply. At 5.15pm, Garvey called to the garda station as he said that he was making enquiries as to the name of the newsagents and said that he wanted to clarify matters that had happened there earlier that day. He denied that anything happened, but said that he stumbled into the woman as he had a sore foot.
Garvey, who is single and unemployed, has no previous convictions.
Solicitor for the defendant, Peter Loftus said that Garvey is suffering from psychiatric difficulties and has been attending psychiatric services since October last year. A psychiatric report was handed into court. Mr Loftus said his client is now being treated as an in-patient in the Ballina Mental Health unit and that Garvey is now taking his medication and is off alcohol. Mr Loftus said the client has now admitted his behaviour was inappropriate.
Judge Mary Devins said: “I am not at all impressed and I don’t feel any sympathy for John Garvey.” The judge said that the defendant “behaved in a threatening and bullying way to this young woman”. Judge Devins said that Garvey was “clever enough” to take advantage of the fact that the shop was empty; he was “clever enough” to make an excuse for his actions and was “clever enough to be extremely self-serving in his attitude”. The judge said the woman had been “bullied and put through an ordeal”.
Garda Reilly said that Ms Moyles had been fearful to go downtown or to work after the incident and that Ms Moyles is fearful of this man. Inspector Doherty said that he has yet to hear an apology from Garvey and said that the defendant “tried to cover up his actions”.
Judge Devins said that the psychiatrist’s report said that Garvey was admitted five or six times to Mayo General Hospital for alcohol detoxification, however it was only last year that anyone noticed that the defendant was presenting with psychiatric difficulties, “which I find remarkable”. Mr Loftus agreed and said that the Garvey had “obviously slipped through the cracks”.
Judge Devins said while Garvey “is at large, he is a danger and a threat” such as to this young woman who was carrying out her job and was made to feel “violated” and “made to feel cheap”.
The defendant was also in court for the theft of four bottles of whiskey from SuperValu, Ballina on November 28 2010.
CCTV identified Garvey walk straight to the alcohol section and place the whiskey in a plastic bag and leave. The total value of the alcohol was €84. On November 29 gardaí called to his home where he admitted that he stole the drink. Two bottles were recovered.
For the section two sexual assault charge he was convicted and sentenced to four months in prison. For the section four theft he was convicted and sentenced to one month in prison consecutive. The judge also directed that a medical assessment and appropriate treatment be carried out. Recognisance was fixed.
