Clare resident accused of performing lude act in hospital ward
A PATIENT in University Hospital Limerick who was recovering from major surgery was terrified she was going to be attacked after a man allegedly broke into her room in the middle of the night and started masturbating in front of her.
A man was charged at a special sitting of Newcastle West Court in County Limerick with intentionally engaging in offensive conduct of a sexual nature.
Detective Garda Fiona O'Connell gave evidence of arresting, charging and cautioning Kadima Mbuye, aged 53, of Clare Lodge, Summerhill, Ennis, County Clare.
Detective Garda O'Connell said Mr Mbuye replied “This is not true” after she charged him.
The detective told Judge Carol Anne Coolican the alleged incident occurred in the early hours of the morning on a date in March of this year.
“It is alleged the accused entered a ward in UHL, went in behind a curtain and masturbated in the presence of a woman. She was recovering from major surgery,” said Detective Garda O'Connell, who read out part of a statement by the alleged victim.
“She said she was scared to scream as she couldn’t physically move due to her surgery. She was terrified he was going to attack her,” said the detective.
The alleged offence emerged during a contested bail hearing.
Lee-Ann Purcell, solicitor for Mr Mbuye, made a bail application on behalf of her client.
Inspector Vincent Brick, prosecuting, objected to bail being granted on behalf of the State “given the nature of the charge”.
The detective garda said the alleged victim gave a description of the man. The special court sitting heard a call button was pressed and the responding nurse saw a man walking towards her.
Detective Garda O'Connell said she was objecting to bail due to the “likelihood of further offences being committed while on bail”.
Ms Purcell asked the investigating garda if Mr Mbuye denied the charge and if he was entitled to the presumption of innocence?
“Yes,” said Detective Garda O'Connell.
Ms Purcell said it is effectively hearsay evidence that will be tested in court.
Ms Purcell asked if there was CCTV? “No,” replied the garda detective..
“It is basically identification evidence,” said Ms Purcell. The solicitor said Mr Mbuye is living in a homeless hostel run by a charity and is unlikely to leave.
Mr Mbuye took the stand and confirmed Clare Lodge, Summerhill, Ennis, County Clare is his “permanent address”.
Answering questions from Insp Brick, the defendant said he has been there for four months.
“Before I was homeless. The court must help me with my problem,” said Mr Mbuye.
Insp Brick said DPP's directions had been received and they were for summary disposal on a guilty plea only.
Judge Coolican said Mr Mbuye is entitled to the presumption of innocence but other considerations are protecting the public and the evidence of the State was well-founded.
“I am satisfied to refuse bail taking into consideration the seriousness of the charge, nature of the evidence and likely sentence to be imposed on conviction. In all the circumstances I am satisfied to refuse bail,” said Judge Coolican, who granted legal aid.