Sex assault earns Clarke probation

Sex assault earns Clarke probation

21 October 2015

A LOCAL councillor has been ordered to undergo alcohol counselling having been placed on probation for sexually assaulting a woman in a Newcastle hotel.

Independent councillor Patrick Clarke was also ordered to pay £200 compensation to the woman after he grabbed her behind during a drunken incident in the Slieve Donard just before Christmas last year.

A two year restraining order was also put in place against Clarke after a judge said his victim “deserves protection from people like you.”

Newry, Mourne and Down Council has declined to make a statement on the case and said only that it is seeking information from the Northern Ireland Court Service and “will act in accordance with any legislative requirements.”

Downpatrick Court was told that Clarke, who represents the Slieve Croob area on Newry, Mourne and Down Council, committed the offence at a pre-Christmas event in the Newcastle hotel on December 23.

Prosecution lawyer Ms Laura Ivers said a woman in her 20s was attempting to enter the female restroom when Clarke “engaged her in conversation” at the entrance door to the toilets. During this chat, he kept asking her if she knew who he was.

When the woman finally turned around to go into the ladies’ room, Clarke grabbed her behind and said “What does this mean?”

When the woman exited the ladies’ restroom, Clarke was still standing there. As she tried to run past him, he grabbed her arm and tried to pull her toward him, Ms Ivers said.

The woman broke free and told her partner and the hotel staff what had happened. The police were also informed. CCTV footage from the hotel showed the two of them speaking, but did not show the grabbing incident.

When police questioned Clarke he said that the woman had been trying to speak to him and he had to tell her to “clear off.”

Defence barrister Ms Niamh McCartney said Clarke now accepts that his behaviour was “completely inappropriate.” She said he had consumed “a significant amount of alcohol” that night and could only “vaguely recall” what happened. 

She said her client turns to alcohol as “a coping mechanism in times of emotional hardship.” On that occasion, Clarke had taken double the prescribed amount of his depression medication and then consumed alcohol, which had an effect on him.

“He had gone to the toilet area to get out of the public eye,” Ms McCartney said.

The woman spoke kindly to Cllr Clarke because he appeared upset. “He misread the situation when this lady went to speak to him,” she said, adding that his actions were not “premeditated.”

District Judge Mr Greg McCourt sentenced Cllr Clarke to 10 months on probation, during which he must attend an alcohol counselling program. 

“You have a problem with alcohol abuse and you must accept that and take whatever help is available to you,” said Mr McCourt. He said the entire matter was “alarming to say the least” to this woman.

During his appearance at the court, Clarke was also charged with fraud by abuse of position. This relates to a £750 cheque that was allegedly lodged in his bank account on September 22, 2014, when he was involved with the Dundrum Village Association.

This matter was adjourned to the Downpatrick Court sitting on October 29.