Alleged attack  | 

Man (34) refused bail after he is charged with sexual assault of girl (16) in Cork

Defence Solicitor Ciaran O'Keeffe asked Det Garda Forsythe whether the matter involved could be described as a "stupid incident"
Kamil Szymczack pictured at Mallow Court charged with the alleged sexual assault of a teenager in Fermoy, Co Cork. Photo: Michael Mac Sweeney/Cork Courts

Kamil Szymczack pictured at Mallow Court charged with the alleged sexual assault of a teenager in Fermoy, Co Cork. Photo: Michael Mac Sweeney/Cork Courts

Ralph Riegel

A MAN has been charged with sexually assaulting a 16 year old girl just metres from a Cork church.

Kamil Szymczak (34) appeared before Mallow District Court charged with sexually assaulting the teenage girl last Monday at Chapel Hill, Fermoy, Co Cork shortly after 1pm.

Chapel Hill is just metres from St Patrick's Church in Fermoy and a short distance from two major schools in the north Cork town.

The charge was brought contrary to Section 2 of the Criminal Law (Rape Amendment Act), 1990.

The teenage girl cannot be identified for legal reasons.

Judge Alec Gabbett was told by Detective Garda David Forsythe that Szymczak made no reply to gardaí when the matter was formally put to him after he was arrested, cautioned and charged at Fermoy Garda Station.

Szymczak, who has an address in Fermoy, Co Cork, has been resident in Ireland for almost a decade.

Judge Gabbett was told that Szymczak - who appeared in court wearing dark slacks and a 'Black Square' branded top - is currently seeing a doctor and a psychiatrist for serious drug and alcohol addiction issues.

Szymczak was assisted by a Polish interpreter and did not directly address the court hearing.

He was arrested by gardaí on Monday evening and questioned at Fermoy Garda Station before being charged.

Detective Garda David Forsythe told the court that gardai were formally objecting to bail and were applying for Szymczak to be remanded in custody.

Sergeant Linda O'Leary said that gardai were making serious objections to bail on the basis of the serious nature of the charge, the potential sentence involved, the fact a juvenile was involved as well as other legal issues.

She said gardai were also awaiting further instructions from the Director of Public Prosecutions (DPP).

Provision 090222 Kamil Szymczack at Mallow Court charged the alleged sexual assault of a teenager in Fermoy, Co Cork Pic Michael Mac Sweeney/Cork Courts

Provision 090222 Kamil Szymczack at Mallow Court charged the alleged sexual assault of a teenager in Fermoy, Co Cork Pic Michael Mac Sweeney/Cork Courts

Defence solicitor, Ciaran O'Keeffe, said his client wanted to apply for bail.

He asked Det Garda Forsythe whether the matter involved could be described as a "stupid incident" and "at the lower end of the scale."

Det Garda Forsythe said he could not answer the question.

Mr O'Keeffe said his client had co-operated fully with gardai and was receiving medical assistance in Fermoy for his addiction issues.

Judge Gabbett told the court, in summarising the matter facing Szymczak, that: "(He) went up behind a lady, a juvenile, and tried to forcibly remove her undergarments - it is alleged. I don't see how you could not see that as serious?"

The judge noted the serious garda objections and refused bail to Szymczak.

He remanded Szymczak to appear again before Mallow District Court on February 15 next by video-link.

Judge Gabbett granted a defence application for free legal aid.

The judge also directed that nothing be published which could identify the juvenile in the case.


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