'Wealthy’ American businessman in Shelbourne Hotel sex assault case returns to US before plea

Tom Tuite

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, in his 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.

On Tuesday, Judge Paula Murphy noted the accused had brought a €30,000 draft to lodge in court, and fresh bail could be drafted.

She noted from Detective Garda Cathal Ryan that as per conditions imposed by Judge John Brennan last week, the man's passport, which gardaí had seized, could be returned.

He no longer has to sign on daily at a garda station and could return to the United States, provided he comes back when required.

The detective reiterated that the Director of Public Prosecutions (DPP) had directed the accused's case 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.

The detective has provided disclosure of evidence to the man's legal team.

Defence solicitor Luke Staines asked for an eight-week adjournment for the plea to be considered. Judge Murphy acceded to that request and excused the accused from attending the next stage.

Detective Garda Ryan said the accused needed to attend on the following date.

Judge Murphy also told the businessman that he must have no direct or indirect contact with the complainant. He did not address the court but nodded to show he understood.

At his first court appearance on March 28th, the court heard that his response to the charge was, "It was consensual".

Detective Garda Ryan had expressed flight risk concerns because the accused was a tourist from the United States with no ties to this jurisdiction.

The detective said the man "has no family friends or any connection to the State", and both he and his partner had "exceptional means" and were "quite wealthy".

The officer explained that the financial implications of bail "would not be an issue for the man if he did not return".

Questioned by defence counsel Oisín Clarke, he agreed that his client's instructing solicitor, Brian Keenan, had been in touch with gardaí from the outset and indicated he met them by appointment once the DPP's decision was given.

He agreed with the barrister that the accused had mentioned the financial aspect. Gardaí learned his partner was a company director, and together they had significant means of income.

The detective garda accepted that the accused had indicated that he had no difficulty returning to Ireland for his case.

Addressing the seriousness of the accusation, Mr Clarke had said, "The actual allegation related to touching outside the clothes of another man's penis".

Detective Garda Ryan responded: "Judge, the allegation relates to reaching inside the shorts of the victim, groping his buttocks and then grabbing his penis from outside his shorts at the same time".

He added that while the DPP stated that the case could stay in the District Court on a guilty plea, "I still categorise it as a very serious offence".

Mr Clarke disclosed on Friday that his instructions were that his client intended to plead not guilty, having indicated to the garda that it was consensual.

Counsel said that if it proceeded to trial in the Circuit Court, the earliest date would be in 2027.

Detective Garda Ryan had agreed that the accused was cooperative, gave a full account, and answered all questions during his interview.

There were no issues during the arrest or any need to handcuff him.

However, given the serious nature of the allegation, his primary concern was "the extreme possibility of flight risk".

When his bail was granted on Friday, the accused said, "I agree" in response to the temporary conditions.

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.