The alleged abuse took place at a nursing home in Maynooth. Photo: Athy court house
A care assistant accused of sexual assault in a Kildare nursing home was named in Athy District Court on Thursday, May 26.
It is alleged by the State that Michael Tuohey, with an address listed as 15 Beaufield Avenue in Maynooth, sexually assaulted a resident at TLC Nursing Home Maynooth.
Garda Sergeant Brian Jacob told Judge Zaidan that the alleged victim is an 80-year-old woman with dementia, who was allegedly digitally penetrated by the defendant.
The 51-year-old is accused of engaging in a sexual act with a protected person on a date between January and December 2020.
This allegation is in contravention of Section 21 of the Criminal Justice (Sexual Offences) Act, 2017.
It was heard that reporting restrictions were sought in the case by the State and prosecuting gardaí.
However, both the Director of Public Prosecutions and Judge Desmond Zaidan said that there was no legal basis for the restrictions.
The judge pointed out to the court that the alleged injured party was not named in any of the legal documents seen by the court, and as such, the defendant could be identified.
He also said that, in accordance with Irish law, the defendant is presumed innocent until proven guilty.
Mr Tuohey’s barrister, Aisling Murphy, also previously said that her client has no previous convictions.
The case has been put back to a date in June, when a book of evidence is due to be presented.
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