The officer recounted how the woman was getting out of her car when an unknown male approached
A Lurgan man was remanded into custody today accused of sexually assaulting a woman in her car.
Appearing in the dock of Lisburn Magistrates Court, 30-year-old Dean Edward Martin confirmed he was aware of the single charge against him. Martin, from Woodland in Lurgan, faces a single charge of sexual assault, alleged to have been committed on 18 November this year.
Giving evidence that she believed she could connect Martin to the charge, Constable Glasgow said police were objecting to bail due to Martin not having a suitable address, potential reprisals against the defendant and that he would fail to abide by bail conditions.
She told the court it was just before 8am on Tuesday morning when the victim was assaulted in her car at Lurgan Park. The officer recounted how the woman was getting out of her car when an unknown male approached.
“The male started to pull at her leg with one hand, touching her genital area with the other,” Const Glasgow said, adding that “she kicked at the male” who then ran off to Castle Street.
The woman told police her attacker was wearing a black puffa-style coat, black jogging bottoms with red and black trainers and that he had a mole on the left side of his face.
Following a social media appeal, the police received “numerous reports” from members of the public, naming Martin as the alleged assailant.
He was arrested at his father’s home in the early hours of Friday and Const. Glasgow said when the property was searched, officers retrieved clothing which matched the description.
During formal interviews, Martin claimed he had been at his father’s house at the relevant time, that he had been wearing jeans that day and further that he ”has a freckle,” not a mole, on his face.
The 30-year-old also claimed that “the local community do not like him” and want him out of the area.
The court also heard that Martin is willing to undergo a VIPER (Video Identification Parade Electronic Recording) police lineup.
An added concern was that Martin ”has outlined to police this morning that he is concerned that he may be attacked by loyalist paramilitaries if he goes back to the Lurgan area.”
She conceded however, that “at this moment in time, we have no intelligence in regards to that.”
The officer revealed that Martin is subject to prison release licence, “and probation have indicated that they intend to revoke his licence.”
Under cross-examination from defence counsel David McKeown, Const. Glasgow conceded that Martin had provided an alibi and that while the clothing seized is similar, “it is generic” and similar clothing would be commonly found.
“There is nothing distinctive about it,” the barrister submitted, describing the police case against Martin as “weak.”
Emphasising there was only generic clothing and no forensic or DNA evidence, Mr McKeown suggested that if Martin was refused bail, he would spend potentially spend a lengthy period in custody, despite the case being a weak one. District Judge Amanda Brady said whole Mr McKeown had made every conceivable point he could in arguing for Martin’s release, she was concerned that he had no suitable address and that he would not adhere to conditions.
Refusing bail, she remanded Martin in custody and adjourned the case to 19 December.
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