Judge grants permission for US student to give video link evidence in Aer Lingus flight sex assault case

Gordon Deegan

A judge has given the go-ahead for a female US college student to give evidence via video link in a trial where a 58-year-old Co Galway man is denying two counts of sexual assault on the teenager on board a transatlantic Aer Lingus flight.

At Ennis Circuit Court, Judge Francis Comerford has granted permission for four State witnesses to give evidence via video link from the US in the trial, which is due to commence next February.

Counsel for the State, Sarah Jane Comerford BL, said that one of the four to give evidence via video-link is the complainant in the case.

Ms Comerford (instructed by State Solicitor for Clare, Aisling Casey) said that the complainant, now aged 18 and 16 at the time of the alleged offence, is currently studying in a US college.

Ms Comerford said: “She is not available to attend court in person in February on account of the fact that she is studying, and in those circumstances I am asking that her evidence be given via video link from the US."

Ms Comerford said that the complainant’s grandmother is a witness in the Book of Evidence and as she is an elderly lady and a resident of the US, as are two other females who were on the flight, "we ask that they give their evidence from the US as well".

Ms Comerford said that the Aer Lingus aircraft was turned around, and the complainant gave a written statement to the gardaí, which appears on page 5 of the Book of Evidence.

The accused was present in court for the brief hearing, and his counsel, Antoinette Simon BL, said she had taken instructions from her client, “and he is consenting and not opposing the application”.

When the case was before the district court, Judge Alec Gabbett transferred the case to the circuit court, where more serious penalties apply on conviction after hearing an outline of the case against the man.

The court heard that a captain of the Aer Lingus Boston-bound flight turned the aircraft around over the Atlantic Ocean after being informed that a male passenger had allegedly inappropriately touched a teenage girl sitting beside him on the flight.

The man is charged with two counts of sexually assaulting the then 16-year-old girl on board the E1 135 Shannon to Boston flight on November 15th 2023.

In one charge, the man is charged with the sexual assault of the girl by way of kissing her arm and rubbing up and down her thigh with his hand on board the Aer Lingus flight within the jurisdiction of the Irish State, contrary to Section 2 of the Criminal Law (Rape) Amendment Act.

In the second charge, the man is charged with the sexual assault of the girl by rubbing and grabbing her buttocks on the flight within the State contrary to Section 2 of the Criminal Law (Rape) Amendment Act.

Det Garda Ruth O’Sullivan told the court previously that the costs to Aer Lingus of returning the Boston-bound aircraft to Shannon are €28,213.

Giving an outline of the alleged sexual assaults, Det Garda O’Sullivan said that an hour into the transatlantic flight at around 3.30pm, a young girl informed cabin crew that a male passenger sitting beside her had touched her inappropriately.

Det Garda O’Sullivan said: “They then informed the captain who took a decision to turn the flight back to Shannon.”

She said that the young girl and her family returned to Shannon Airport, where statements were obtained in the short turnaround before they took off again for the US.

Judge Francis Comerford remanded the accused on continuing bail to re-appear before Ennis Circuit Court on February 3rd.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.