Former Celtic and Derry City footballer Patrick McCourt given three month suspended sentence

Former Celtic and Derry City footballer Patrick McCourt has been given a three month suspended sentence at Derry Magistrate's Court today for what a judge described as 'a moment of madness'.

McCourt (39) of Wheatfield Court in Muff, County Donegal had been convicted in May after a two day contest of one count of sexual assault that occurred on January 30 last year.

Passing sentence District Judge Ted Magill said that the victim had been touched on her bottom in what he said was an incident that was 'brief but startling for her.’

He said that the incident was caught on CCTV and 'one thing was clear was your level of intoxication '. The judge told McCourt ‘you were quite drunk' but added that 'drunkenness is no excuse.'

Referring to a victim impact statement by the woman the judge said one if the worst aspects for her was that some people suggested she was a liar. The judge said that the woman had not been called a liar by counsel for the defendant and 'no issue was taken with her honesty and accuracy. '

He added : "She had told the truth and she did suffer an indecent assault."

The judge said that McCourt had not accepted his guilt and therefore the pre-sentence report left him with few options.

He told the defendant that he had been assessed as being at the 'lowest risk of re-offending' and that he was not a danger.

The judge said that 'this is clearly an isolated incident' that occurred during a 'moment of madness.'

But, he said, women and girls have to be able to go out free from any fear of 'anyone putting their hand up their clothes.'

Describing that as 'the serious aspect of the charge' Judge Magill said that the custody threshold had been passed.

He said that if it had been the case that the young woman's honesty had been called into question then there would have been an immediate custodial sentence.

However, he added: "This young lady told the truth and it was never suggested she did anything else."

He said that being so he could impose a suspended sentence.

He sentenced McCourt to three months in prison suspended for two years and ordered he sign the Sex Offender's Register for a period of 5 years.