A “wealthy” American businessman accused of sexually assaulting a male in Dublin’s Shelbourne Hotel can return to the United States while he decides his plea.
The accused (50s), who cannot be named for legal reasons, was charged on Friday and granted nominal bail with a series of strict conditions.
He returned to Dublin District Court on Thursday to lodge €30,000 and seek an adjournment.
The allegation is that he groped inside and outside a man’s shorts in the luxury five-star hotel on a date last month.
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On Thursday, Judge Paula Murphy noted the accused brought a €30,000 draft to lodge in court. Gardaí can return his passport to him.
He no longer has to sign on daily at a Garda station and can return to the US, provided he comes back when required.
Detective Garda Cathal Ryan said the Director of Public Prosecutions has directed the accused’s case should be dealt with at the District Court level “on a guilty plea only”. Otherwise, he must face trial on indictment in the Circuit Court, which has broader sentencing powers.
The charge carries a possible jail sentence of up to five years.
Det Gda Ryan said the accused needs to attend on the next occasion.
At his first court appearance last week, the court heard the man’s response to the charge was: “It was consensual”.
Det Gda Ryan had expressed flight risk concerns because the accused was a tourist from the US with no ties to this jurisdiction.
The detective said the man and his partner have “exceptional means” and are “quite wealthy”.
The officer said the financial implications of bail “would not be an issue for the man if he did not return”.
Questioned by defence counsel Oisín Clarke, the detective garda accepted the accused had indicated he had no difficulty returning to Ireland for his case. He agreed the accused was co-operative, gave a full account and answered all questions when interviewed.
Mr Clarke disclosed on Friday that his instructions were that his client intended to plead not guilty, having indicated to the garda that the activity was consensual.
