Jury to resume deliberations in gym massage sexual assault case

By Tom Tuite

A jury are to resume their deliberations on Wednesday morning in the trial of a fitness coach accused of sexually assaulting a woman who went to a gym for a therapeutic massage and treatment for chronic back problems.

The woman, who is in her 20s, alleged he got her to remove clothing, made inappropriate comments, asked if she wanted a “happy ending” massage, and touched her breasts, buttocks and vagina areas during the treatment for her scoliosis at a midlands gym in early 2021.

She told the jury that he commented that he was going to lose his job over her and that he was wondering if she was thinking the same thing, but she told him “absolutely not” and that she had self-control.

The woman maintained he told her, “You are bold, you are bold, I would say you’re wild”. She said he told her: “This never happened to me before, but I’m getting hard working on you”. She said she ignored it and closed her eyes, and she recalled freezing a lot more.

She said it was not like any treatment for back pain that she had got before.

The complainant said she met and told a friend who lived in the area just after she left and later called her sister, and she blamed herself for letting it happen, but she just froze.

The man, in his 30s, has pleaded not guilty at Mullingar Circuit Criminal Court to the charge and contended that she was gamey and wild and he had to shoot her down several times because “she crossed the line” and was getting “the wrong idea” as he gave her the massage.

In response to the complaint, he told gardaí that he did not touch her breasts or inside her shorts. He claimed the complainant had taken down the sheet covering her and that he had told her that she was making his job hard.

“I did not touch her vagina, not in any circumstances, did I touch her like that,” he said. He denied telling her she was wild or bold and said those words came from her. The court heard he said, “You only have to look at her Instagram to see she is wild.”

The trial heard that the woman received a message via Instagram two hours after leaving the premises.

The complainant said it read: “Testosterone went through the roof; I didn’t expect that.” It also had a monkey covering its eyes emoji, and she took a screenshot, which was tendered to court as an exhibit.

The accused, who did not give evidence, gave a statement to gardaí and asserted that he sent that message to diffuse the situation. The court heard he was not a qualified physiotherapist but had completed other courses and obtained qualifications in neuromuscular therapy and as a strengthening and conditioning coach.

On Tuesday afternoon (today), day five of the trial, the jury, who had deliberated since 10am, asked for a statement from a prosecution witness to be re-read, to re-watch CCTV evidence from the gym and to listen back to the court’s digital audio recording of the complainant’s testimony.

Judge Munro facilitated the nine men and three women of the jury, who will resume deliberations on Wednesday.

The judge read the statement they requested to them. It was from the woman’s friend who met her straight after she left the gym.

The man recalled the complainant first rang him saying, “fuck sake”, and she was upset. They went for coffee and her friend said she told him the accused said she was in great nick, touched her breasts, her groin down to beside her vagina, and bottom.

The man stated the woman told him the accused told her “he was on a horn and would lose his job for her”.

The friend stated she was distraught, and it was not good to see.

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

In the closing speech for the defence, James Dwyer, SC (with Shane Geraghty) reminded the jurors of the presumption of innocence. He said the me-too culture involving crimes, mainly by men against women, was the sign of a society that had grown up; however, that did not leave justice behind.

Counsel said the complainant attended an appointment with his client and received lengthy treatment, which was painful, which he acknowledged and said sorry for.