Judge to view CCTV evidence again in sexual assault case against comedian Sil Fox

A JUDGE is to view CCTV evidence again in the case against veteran comedian Sil Fox, who is accused of groping a woman as he had a photograph taken with her on a night out.

Judge Paula Murphy told Dublin District Court she would watch the video footage once more before deciding on a defence application to have the case dismissed.

She adjourned the case and will rule on the application on Wednesday.

Sylvester Fox (87), has pleaded not guilty to sexual assault on a woman at a bar in the south city centre on December 17, 2018.

Evidence for the prosecution concluded at the non-jury court earlier this year.

The court has heard Mr Fox agreed to a request for a selfie picture with the middle-aged complainant who had been on a Christmas night out with friends.

The woman alleged he "put his hand on to my lap, on to my groin and he tickled my vagina, and doing so he said, ‘You will always remember where this picture was taken’.”

She claimed when she confronted him he said “You should be so lucky” he told her “this is ridiculous, this is stupid”.

The court heard Mr Fox told gardai the woman was a liar and trying to “ruin my name”; he denied the allegation completely and said “that is a load of crap”.

Defence barrister Emer Ní Chúagáin asked the judge to dismiss the case, arguing there was insufficient evidence to convict the accused.

State solicitor Alva O'Herlihy said while CCTV had been shown, the footage was grainy and unclear and "not conclusive one way or another." She said the prosecution was not relying on this but on the evidence of the alleged victim, who had been "truthful and honest" and never resiled from her allegation.

She asked the judge to view the footage again.

Ms Ní Chúagáin said it was clear the alleged victim's recollection had been incorrect in some respects and that "causes difficulties."

She said the woman had denied she took some of photos that were on her phone but it was clear that they were all taken on that phone and not sent to her by someone else.

The complainant had told a garda "if I didn't have so much weight on me, he would have touched me down there," she said.

The accused, who grew up in the Liberties in Dublin's south inner city but has an address at Wellington Lawn, Templeogue, sat in the dock area of the court while the lawyers for each side addressed the judge.

The alleged victim was also present in court for today's hearing.

If the judge does not dismiss the case on Wednesday, a date will need to be set for the trial to resume. It has been delayed amid ongoing court restrictions due to the coronavirus pandemic.

His lawyers have sought an early date because of an "element of urgency" over his age.