Sex attacker says he deserves jail

A KERRY man who broke into the home of a vulnerable woman and sexually assaulted her before stealing money will be sentenced next week at the Central Criminal Court.

Shane Fitzgerald (26) wrote a letter to the court in which he said: “I am the first to agree I deserve a custodial sentence.” Mr Fitzgerald, of Tullorum, Spa, Killarney, pleaded guilty to burglary and sexual assault at the woman’s home in a Kerry town in September 2016.

Fitzgerald has 56 previous convictions for offences including assault, criminal damage, public order and road traffic offences. He has been in custody since October 2016.

A local detective garda told Patrick McGrath SC, prosecuting, that Mr Fitzgerald was socialising in the town earlier that evening and could be traced through various pubs on CCTV. He and two other men ended up at a house that gardai believe was previously a brothel.

They kicked at the door and threw cans at the windows but failed in their attempts to get in.

He said they moved on and later found an open door at a building containing a number of flats. The victim, described as a vulnerable woman in her fifties, lived in one of the flats and was awoken at 3.30am by banging on her door. She heard people shouting: “Open the door we are the gardaí”.

The woman saw two men at the door. The court heard Mr Fitzgerald came into the flat and the second man, who did not like how things were developing, ran away from the building. No charges have been brought against anyone else in relation to the case.

Mr Fitzgerald pulled down his pants and ordered the woman to perform an oral sex act, which she did. She offered him money or anything he wanted from the house

Mr Fitzgerald took a sum of money before running from the flat. The woman ran “screaming and roaring” in terror from her flat and was assisted by a neighbour.

Gardaí were alerted and a number of days later arrested Mr Fitzgerald. He was described as emotional, aggressive and angry at stages during interviews and made partial admissions.

The court heard the victim suffered psychological effects as a result of the attack and becomes visibly upset when speaking about it. She is in counselling and did not complete a victim impact statement as it was feared it may set her back. She has never returned to her flat.

The detective garda agreed that Mr Fitzgerald had been pretty intoxicated as a result of a combination of substances on the night. He agreed that he had expressed remorse at the end of the garda interview and a guilty plea had been indicated at an early stage in the case.

Brendan Grehan SC, defending, said his client accepted responsibility and was deeply ashamed of his actions. He said Mr Fitzgerald had an extraordinarily unhappy and violent childhood. He lived alone from an early age which facilitated drinking and cannabis use.

Counsel said his client was willing to address his issues. Mr Fitzgerald had started an anger management course and had been referred for psychological counselling.

Mr Fitzgerald wrote a letter to the court in which he said he was sorry for what he had done and said he was “not that kind of person”.

Mr Justice Patrick McCarthy adjourned finalisation of the case until next Monday.