A PERSONAL TRAINER who made covert recordings of women has been convicted of a “predatory” sexual assault on a woman who sought treatment for chronic back problems.

The man, in his 30s, now awaits sentencing for the 2021 sexual assault and a second charge on the same indictment for offensive conduct of a sexual nature by making covert digital recordings of females without their knowledge or consent at a gym over two years.

It follows a six-day trial before Judge Ronan Munro and a jury of nine men and three women at Mullingar Circuit Criminal Court.

Jurors were told that after participating in an online exercise programme with him, the woman in her mid-20s who had scoliosis for years had an in-person appointment in early 2021.

But during massage therapy, the accused asked if she wanted a “happy ending” massage, and he made a series of inappropriate comments and touched her breasts, vagina, pubic area and buttocks.

He is not being named because reporting restrictions were imposed in May when he pleaded guilty to the covert recording offence to protect the integrity of the trial process for the contested sexual assault.

Judge Munro noted the State’s view was the man could now be named while the complainant had the right to anonymity. He said the restrictions remain in place until that issue is decided on Friday when the case resumes for a victim impact statement and a mitigation plea.

The court heard that he told her, “You are bold, you are bold, I would say you’re wild”.

The woman blamed herself for letting it happen but said she just froze. She told the jury that he said to her: “This never happened to me before, but I’m getting hard working on you” and touched her breasts and genital areas.

She wept tears of relief while the accused silently shook his head and sat impassively as the verdict was read.

The victim had told the trial she wanted to be clear that she went for help for scoliosis, which she had suffered from since she was 14, and nothing else, and would not be in court more than three years later for any other reason.

“I’m here to make sure what he did to me is not going to happen to any other woman,” she had said, adding, “and the things he is saying I said are completely untrue”.

Ed O’Mahony BL, prosecuting, instructed by State solicitor Matt Shaw, had told the jurors that they had to consider all the evidence and it was up to them whether it was legitimate therapeutic treatment, but the prosecution contended that it crossed the threshold of indecency.

The man denied the sexual assault.

He did not testify during the trial but had given a statement to Divisional Protective Services Unit Detective Sergeant Niall Smyth. In his account, he claimed he had not touched her vagina or breasts and accused the injured party of being “wild” or “gamy”. He claimed he had to “shoot her down” when she got the wrong idea and “crossed the line” during the massage.

However, after reviewing the evidence and deliberating for five hours, the jury delivered a unanimous guilty verdict on four counts of sexual assault

Judge Munro remanded the man, who has no previous convictions, on bail pending sentencing but ordered him not to carry out any treatments because of the “predatory aspect to the crimes committed”.

He said the man, who did not address the court, was in a “grave situation”, and given the gravity of the offence, the defence needed time to prepare mitigation.

The covert recordings offences, under the Criminal Law Sexual Offences Act 2017, happened from 7 July 2018 until 17 August 2020. The facts of that charge are to be given when the case resumes.

Judge Munro thanked the jurors for performing their civic duty and excused them from jury service for five years.