Ex-Celtic star Paddy McCourt found guilty of sexual assault in bar after reaching up woman’s skirt
FORMER Northern Ireland and Celtic star Paddy McCourt has been found guilty of sex assault in a bar by reaching under a woman’s skirt and touching her thong.
Following a two day trial at the Magistrate’s Court in Derry, District Judge Ted Magill convicted the father-of-three from Wheatfield Court in Muff, Co. Donegal, of committing the offence in the early hours of January 30, 2022, in the 57 Bar on Waterloo Street.
On the second day of the trial it emerged that the 39-year-old’s DNA was not among the mixed profile male DNA found on the complainant’s dress nor on the thong.
The court was also told that as part of their probe, the PSNI were granted a warrant enabling investigators to carry out a secret mobile phone examination and surveillance of the defendant’s phone traffic in the immediate aftermath of the complaint being made against him.
Defence barrister Eoghan Devlin said it was the first time he’d ever heard of such a warrant being granted for a Magistrate’s Court case as it was normally used in terrorist related and murder cases.
When it was put to the investigating officer in the case by Mr Devlin that the police had “missed clearly signposted chances and opportunities in the course of your investigation” to question another potential suspect”, the officer replied “it would appear so yes”.
Mr Devlin said that that potential suspect has since moved to Australia.
In his direct evidence, Mr McCourt said he’d gone out on the night with friends and had drinks in several bars.
He denied touching the complainant in a sexual manner.
He said he believed her when she said she had been sexually assaulted “but it was not by me.
He told the District Judge: “There is no way I went anywhere near her, near her bum, her leg or anywhere else. I did not witness anyone touching a female, nor did I. I can’t actually remember this being any issue that night.”
Defence barrister Eoghan Devlin said both the complainant and the defendant had been badly left down by the police and by the prosecution.
Mr Devlin said: “He will walk away from this case, whatever the verdict, with a stain on his character but he is entitled to a proper investigation which clearly he did not get.”
Delivering his guilty verdict, Mr Magill he’d given careful consideration to both the evidence and statements submitted to him.
He said while DNA represented a great scientific advancement, it was not infallible.
Referring to another man in the bar on the night of the incident whom the defence submitted should have been treated as a suspect, Mr Magill said the CCTV footage showed that the man’s actions were not consistent with the defence suggestion.
He said: “This whole incident was captured on CCTV. It shows the defendant moving towards the woman and this was witnessed by another female in the bar. It could not have been anyone else other than the defendant. Guilty.”
Mr Magill said he would sentence ex-Shamrock Rovers ace McCourt, who has no previous convictions, on July 7 following the preparation of a pre-sentence report.
He said he would also decide on that date whether or not to place McCourt on the Sex Offender’s Register.