A MOTHER and daughter who went to an airstrip in Bantry to walk their dog noticed a nearby car rocking and its occupants having sex.
Ukrainian Pavlo Holovinov (35) of 1, Riverside, Glengarriff, appeared at Bantry District Court last week charged with an offence under the Criminal Sex Offences Act.
Mr Holovinov was legally represented by Flor Murphy, solicitor, who said his client, who has no previous convictions, was not aware that consensual intercourse in a car was an offence.
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However Judge Joanne Carroll said it is an offence if the act of sexual intercourse takes place in a car which is in a public place.
When it was explained to the accused, before going to court, that it is an offence under Section 45 of the Criminal Sex Offences Act, he pleaded guilty.
Sgt Tom Mulcahy said the mother and daughter went to the Bantry airstrip on the afternoon of June 10th last and while the mother walked her dog, the daughter sat in their car.
Sgt Mulcahy said a short time later, at about 2pm, a black BMW pulled into the car park at the entrance to the airstrip and parked near their vehicle.
He said the daughter could hear noises made by a couple engaged in sexual activity.
‘She put up her window but the activity continued,’ said the sergeant. ‘She saw the car rocking and saw two people having sexual intercourse.’
The sergeant also told the court that when the mother returned to the car with her dog she saw what was happening and knocked on the window.
‘The accused saw her standing there but continued,’ according to the court presenter. ‘Both women were outraged by this behaviour in a public place.’
The mother took a photograph of the registration number and contacted gardaí who were able to identify the owner.
Mr Murphy said the airstrip at Beach is a popular coastal walking route.
He explained that there is a small ‘informal’ car park near the entrance to the airstrip that is privately owned but is nevertheless a public place.
He said his client ‘accepts the charge, but he didn’t realise it was illegal’. And, in mitigation, Mr Murphy said his client is a sole carer for his mother.
Judge Carroll imposed a €250 fine on the accused for the offence and gave him three months to pay.
Funded by the Courts Reporting Scheme.

