A Cavan man who “lurked” in the lady’s toilets of a McDonald’s before trying to sexually assault a woman turned himself in after his parents saw him on Crimecall.

Adrian Smith (33) of Curkish, Bailieboro, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm and attempted sexual assault of a woman in McDonald’s on Grafton Street on June 14th, 2014. He will be sentenced next July.

Garda Siobhán Murray told Karl Finnegan, prosecuting, the woman tried to reason with Smith on two occasions and told him it was not worth the hassle as they were in a public place and he would be caught. As she started to scream, he told her to shut up.

She called for help causing Smith to punch her in the face. Smith then unbolted the door and left the toilets.

On September 22nd, 2014, footage from the restaurant was broadcast on RTE’s crime-investigation programme Crimecall. Smith’s parents recognised their son and told him.

Later that evening Smith contacted Bailieboro Garda station and identified himself as the suspect on the programme. He said he had no recollection of the event.

Michael Bowman SC, defending, said the accused had travelled with a number of his work colleagues to an event in Dublin on the night and he had no recollection of the incident.

Not drunk

Counsel said Smith has since become a member of the Pioneer Association.

The woman who was present in court gave evidence that Smith was not drunk and knew exactly what he was doing.

Judge Patrick McCartan told Smith that his actions were “sinister in the extreme” but accepted he surrendered himself “when he knew the game was up”.

He acknowledged that Smith was a man of impeccable character and said it was usually his view that “when people make mistakes they should be allowed at least one chance, if the circumstances of the case allow it”.

“But what you did was very calculated and it had significant traumatic impact for a young woman who was using the facilities which she is entitled to do without fear of attack,” said Judge McCartan to Smith.

Mr Bowman said his client had brought it to his attention that he could be seen on CCTV going back into McDonald’s after the assault.

Mr Bowman asked that the court take some time to consider this as he said the State had also been unaware of this fact.

“He appears to walk past the victim and leaves again. This strikes me as unusual,” counsel submitted.

“Unusual and perhaps worrying,” Judge McCartan said before he added that it was “a most difficult case”.

The judge said the fact that Smith claimed he was so drunk he had no recollection of what he did was not consistent with the evidence.

“He was able to pick his location, lurk in their for several minutes and pick his victim . . . these are not the actions of someone so drunk they do not know what they are about,” said Judge McCartan.

The judge acknowledged that Smith had €10,000 in court for the victim and that he has taken “an oath not to drink again”.

He said he was adjourning the case for a probation report because he was concerned about Smith’s “propensity to do it again”.

“I am now intrigued by the suggestion that he returned to the area,” he said before remanding Smith on continuing bail to July 29th.

Additional evidence

Garda Murray said the woman went to get food on her way home from a night out.

While her friend ordered food at the counter, the complainant went to the women’s toilet. The toilets were quiet so she assumed she was in there alone, however Smith, who is an operations manager for a construction company, had entered 13 minutes previously.

She locked the toilet door from the inside but as she opened the bolt on the door to leave, it was forced open by Smith. He grabbed her by her left arm and tried to move the bottom of her dress up with his hand.

In a victim impact statement read to the court, Mr Finnegan said the woman now suffered from panic attacks and did not feel safe in the presence of any man. The attack resulted in her marriage breaking down in 2015.

Mr Bowman said Smith started drinking early in the evening and lost his two friends before making his way to Grafton Street.

He said his client had made an offer of €10,000 in compensation to the woman which she was willing to accept.