A 43-YEAR-OLD man is to stand trial accused of sexually assaulting a woman as she lay unconscious on a Dublin city centre street.

It was alleged he failed to stop and ignored gardaí who had to pull him off the woman.

Andrzej Tadel, a Polish national who is living in Dublin but has no fixed address, was charged with sexual assault of the woman in a side-street the city centre’s north-side. It allegedly occurred between 11am – 11.45am, on 1 July last.

Objecting to bail at Dublin District Court, Garda Caroline Purcell cited the seriousness of the case.

It was alleged the accused sexually assaulted the woman by digital penetration of her vagina without consent. An independent witness made a 999 call and told gardaí she had observed the accused pull down the woman’s trousers and underwear, and touch her vagina.

Two gardaí arrived and shouted at him to stop, the court was told.

“And he ignored this, proceeding in full view of both gardai, and had to be physically pulled off the unconscious female to stop him,” Garda Purcell alleged.

The woman was still unconscious at this point and had to be woken by gardaí, the court heard.

Garda Purcell told the court the woman, “had not consented to this act and was incapable of doing so, and was highly intoxicated”.

The woman was not known to the accused, who also had no ties to the jurisdiction, the Garda said.

The offence can, on conviction, carry a five-year sentence.

Tadel had lived in Ireland for 13 years but the garda feared he would leave the jurisdiction.

Defence solicitor Donal Quigley said his client was entitled to the presumption of innocence. He had also turned up on bail to court to be served with a book of evidence, the solicitor submitted.

Tadel who was granted bail with conditions.

Judge Bryan Smyth made an order sending him forward for trial to the Dublin Circuit Criminal Court where he will face his next hearing on January 24 next. He has not yet indicated how he will plead.

Legal aid to include senior counsel was granted following an application by the defence solicitor who said, “The charge is of exceptional gravity”.

 Tadel was told he had to sign on three times a week at the Bridewell Garda station and remain sober and contactable by mobile phone. He cannot have any contact with the complainant.