Businessman found not guilty of sexual assaults

A WEXFORD town businessman was found not guilty of two charges of sexual assault by a jury at Wexford Circuit Court last week.

75-year-old Annino Forte, of Monfort House, Coolcotts, had pleaded not guilty to indecently assaulting a female on a date unknown between July 1, 1978, and August 31, 1978.

He had also pleaded not guilty to indecently assaulting a female at a date unknown between January 1, 1976, and May 31, 1976. Prosecuting counsel Dan Boland, BL, said the charges related to two isolated incidents some forty years ago.

Mr. Boland told the jury that one of the women said Mr Forte was driving her and others home on one particular night and he drove past her house, saying he would drop her off on the way back.

‘Having dropped the others off at their homes he brought me to a place where there was very few houses and it was pitch dark. I was absolutely terrified.’

She claimed he pulled her seat back and started kissing her ‘quite violently’, put his hand on her breast outside her clothing and then lay on top of her.

Under cross-examination from defending counsel Aidan Doyle, SC, the woman agreed there had only been one alleged assault. When questioned about the delay in making the allegation the woman said she hadn’t the courage to come forward in the past.

Mr. Doyle suggested to the witness that the allegation was made up and did not happen. ‘It’s unreliable and uncheckable which is troubling for us,’ to which the witness responded, ‘that’s what happened’.

‘I never gave him permission to touch me. I am standing over it.’

The second woman said Mr Forte had given three of them a lift home on the night in question. He drove past her house and dropped off the other passengers.

She said he pulled into a lay-by. She claimed Mr. Forte turned the lights off, pulled up her clothing and started touching her breasts, and that the incident lasted a couple of minutes.

She told the court she didn’t say anything but was petrified.

Under cross-examination from Mr Doyle she said she didn’t go to the gardai because it was embarrassing.

Mr Doyle put it to the witness that she was making up the incident saying that given the length of time since the alleged assault she had left Mr Forte in an impossible situation to defend himself.

Giving evidence Annino Forte, left his native Italy when he was eleven years old. He got married in 1965 and has three children. He ran the Golden Grill restaurant.

He said he did not remember the women who made the allegations as he would have know them by their maiden names.

He said it was not true he drove up a quiet road and touched one of the women’s breasts. Regarding the other allegation, he said it never happened.

The defendant said he was mystified and amazed by this and saddened to find himself in court. He said that when it arose and he received a phone call asking him to go to the garda station regarding an allegation, he spoke with his son and made a statement through his solicitor.

He said he and his family had travelled to Italy for a holiday in 1976 and again in 1978 and he produced photographs in court showing himself and his children in Montforte, Italy, his native home place, in August 1978.

He said they went on holidays at that time as a result of the fire in the Golden Grill, departing after the August Monday Bank Holiday, which was August 7 that year, and staying in Italy for approximately a month.

His wife Theresa Forte also gave evidence of the couple and their family holidaying in Italy in 1976 and in August 1978.

After deliberating for two hours and 22 minutes, the jury of seven men and five women returned a verdict of not guilty in respect of both charges.