A convicted sex offender who assaulted a girl aged six has been jailed for two years by Dublin Circuit Criminal Court.
Noel Holmes (42), originally from Letterkenny, Co Donegal, but who lives in a city centre hostel, pleaded guilty to sexually assaulting the child on June 26th, 2002.
Garda Liam Donoghue told barrister Marie Torrens, prosecuting, that the girl, who cannot be named for legal reasons, told gardaí that Holmes invited her into his house to see his goldfish. She alleged that as she tried to leave, Holmes ordered her to come over to him so he could "have a look" at her.
Garda Donoghue told Ms Torrens that the girl then claimed Holmes took down her trousers and underwear and put his hand on her. Holmes denied the allegation. He said he never touched the girl inside her clothes.
Ms Torrens told Judge Michael White there was no evidence available to dispute Holmes's statement as the girl did not want to come to court.
Garda Donoghue said Holmes had already served six years in Wheatfield prison after being convicted in Letterkenny Circuit Court for two indecent assault offences in 1990 and 1992.
Barrister Luan Ó Braonain, defending, asked Judge White to consider that this assault was at the lower end of the sexual offences scale. It was an isolated incident and had not occurred in a relationship of trust between Holmes and the girl.
Judge White said that although the child's account was "at odds" with what Holmes voluntarily told gardaí, the court could only sentence him in accordance with his statement as the girl was unable to give evidence. He sentenced Holmes to two years in prison but suspended the last year on condition that he keep the peace.