Posted online: Dec 4th, 2009

By Sinéad Flanagan
Editor

A COURT found a Polish man guilty of flashing his genitals at a 14-year-old girl while standing less than 10 yards from her, despite his claims that he was urinating at the time.
In evidence, Garda Stephen Kineavy told Naas District Court, Co Kildare that the girl had been walking close to Kilcullen Community Centre in Kilcullen on 16th June ’09 when the incident occurred. “She noticed a blue car and a gentleman walking up and down. She kept walking toward the car on the opposite side.
“When she got close, the gentleman disappeared into a hedge” and then stepped onto a laneway beside it. She noticed that his “zip was open, his penis out and he was holding it in his two hands.”
Solicitor for defendant, Polish man Mariusz Czuba (25) of 103 Waterways, Sallins, Co Kildare claimed that his client was urinating at the time. The court was told the incident took place over a three to four minute period, to which judge Desmond Zaidan asked: “How long does it take the average man to urinate?”
Solicitor Tony Hanahoe retorted: “He did say in a statement that he did have a lot of beer the previous night.”
However, Judge Zaidan remarked: “It does not take the average man three to four minutes to urinate. He’d be dehydrated!” Putting the question to Garda Kineavy, Judge Zaidan asked: “Was he flashing?” To which the garda replied: “Absolutely”.
The judge then further clarified this asking: “Was he exposing himself to this young girl?” Garda Kineavy replied “yes”.
Reading part of a statement made by the girl, the garda repeated: “He was standing facing me. I could clearly see his penis. He was looking over his right shoulder. I text my father that someone was flashing me. This man was not going to the toilet. This I am sure of.”
Judge Zaidan ordered a probation report, victim impact statement and an assessment of Mr Czuba and a report on whether this man should be put on the sex offenders’ registrar. Sentencing was postponed until 27th January ’10 and the defendant released on bail.
The maximum sentence for the offence is €500 or six months in prison or both.