A businessman who groped a stranger as she bent over to collect her umbrella as she was leaving a Co Donegal pub has avoided going to jail.
Father-of-three Quentin Parke, 44, was ordered to do 240 hours community service in lieu of 16 months in prison.
Judge John Aylmer described the incident as “a vile, horrific and degenerate groping.”
Parke, who owns a refrigeration business, had pleaded guilty at Donegal Circuit Court to the sexual assault of the young woman at McCafferty’s Bar in Donegal Town on October 3rd, 2021.
He had claimed that he had drunk too much after going out socialising for the first time since a Covid lockdown.
His victim, who is now in her mid 20s, was out with friends having had dinner at a local restaurant that evening.
The woman had left her umbrella behind the door of the pub which was packed on the evening she called in.
Evidence of the assault was given by Garda Sergeant Stewart Doyle.
The woman, and one of her friends were leaving the premises at 12.16am, when she was reaching behind the door to collect her umbrella when she was assaulted by a stranger.
The woman, who was wearing a dress on the night, said as she reached for her umbrella she felt a hand grab her by her vagina.
The woman initially asked her friend if she had touched her saying “Somebody is just after grabbing me by the fanny.”
The victim then she made eye contact with a man who was sniggering away at her.
Her friend asked who it was and she pointed to a man wearing a checked shirt and denim jeans with mousey coloured hair.
The friend managed to get a picture of the man.
Prosecution barrister, Ms Fiona Crawford BL, said the woman was crying and felt disgusted saying she was crossing her legs tightly as she was scared somebody could do that to her.
Friends of the woman went outside and told Gardai what had happened and details of the man were taken.
A short time later Gardai arrested a man who was staggering and was drunk and refusing to give them his name.
Brief CCTV footage of the incident was shown in court.
When interviewed later at Ballyshannon Garda Station, the arrested man Quentin Parke, of Newtownhamilton, Newry, County Down, said it appeared he had touched the woman.
He told questioning Gardai when interviewed “I may have stumbled, I don’t know. It’s not something I would do, I’m married with three lovely children.
“It looks that road….I’m disgusted to be fair, I really am…..I’m apologetic as it’s not in my nature. I’m blown away by it,” he said.
The court was told that Parke owns a small refrigeration company which employees six people and has no previous convictions of any kind.
Barrister for the accused, Mr Sean McGee BL, told the court that although alcohol was a feature of the events on the night, his client did not have an issue with alcohol but stressed that this was his first night out since lockdown and had consumed a number of drinks.
He was supported in court by his wife Kelly.
Mr McGee said there was no interaction with the injured party before the incident and that the assault was not premeditated.
He said his client was disgusted by his own behaviour saying that if he saw someone else doing this he would describe it as an invasion of someone’s space.
He said a probation report on Parke put him at a low risk of reoffending and that supervision by the probation services was not required in the case.
He was suitable for community service and this could be completed in Dundalk, if the court saw fit.
As a token of his remorse, Parke had also come up with the sum of €5,000 which he wished to give to the injured party no matter what the decision of the court was.
Passing sentence, Judge Aylmer said the incident took place when the accused was in a very drunken state and was opportunistic.
He said that sexual assault came in all forms and often of a serious nature and notwithstanding the ‘vile, horrific and degenerate nature of this assault” he placed it at the lower end of the scaler and one which merited a sentence of two years in prison before mitigation.
Judge Aylmer said the accused had no previous convictions up until this incident, had not come to the attention of the court since, there had been an early plea and he had cooperated with the investigation.
He added that while intoxication was not an excuse it was clear that this was a complete aberration and the only explanation was the high level of intoxication and that it was clear that Parke was remorseful.
Judge Aylmer noted that the Probation Service of Northern Ireland had completed a report in the accused and that he was deemed of being a low risk of reoffending.
Any community order service could be completed in Northern Ireland but could be overseen by the services in Dundalk if there were any issues.
For all of these reasons, Judge Ayler said he was reducing the sentence of two years to one of 16 months in prison.
However, given the previous good character of the accused and his low risk of reoffending the court had to consider dealing with the case on a non-custodial basis, he added.
Judge Aylmer said that “with some hesitation” he had concluded that albeit it a borderline case, he would deal with it on a non-custodial basis.
He imposed a sentence of 240 hours community service in lieu of 16 months in prison and Parke was placed on the sex offenders register.