Man attempted to sexually assault ex-girlfriend in Waterside car park

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A 37-year-old man has been convicted of attempting to sexually assault his ex-partner.

The man, who cannot be named to protect the identity of his victim, was also convicted of assaulting the woman on December 10, last year.

District Judge Barney McElholm convicted the defendant of both charges following an hour long contest at the local magistrates court.

The court heard evidence from the woman that the incident occurred when her ex-boyfriend was collecting their child for contact.

However, on this occasion she said that after taking the child her ex got into the front passenger seat of her car as she told him about the child’s parent teacher meeting.

The woman gave evidence that the 37-year-old “didn’t seem to be interested” in what she was saying and turned the subject around to their relationship, which had ended in April of that year.

She said he asked her if she ever thought about him before attempting to put his hand down her top and in between her legs.

The woman became visibly upset in the witness stand while describing the incident and at one stage had to take a break.

She told the court the 37-year-old became “verbally abusive to her”, spat at her and “put his fist against the side of my face until my head was against the car window”.

The defendant also gave evidence on his own behalf and denied the entire incident.

He claimed he never got into the woman’s car on that day and didn’t touch her, stating “these things just didn’t happen”.

He said he had not had an argument with the woman and the only reason he cuold think of for her making the allegations up was to “blacken my name”.

The 37-year-old added that the woman could “go and make things up willy nilly” and if she “didn’t get her own way that’s just the kind of her”.

Convicting the defendant of both charges, District Judge Barney McElholm said he was “convinced beyond any doubt this incident happened as described by the injured party”.

He added that he could not understand what her motivation would have been for walking into a police station and making a complaint if, as the defendant claimed, nothing unusual happened that day.

The judge adjourned sentencing for a probation pre-sentence report.

The 37-year-old defendant will appear in court again on August 31.