A JURY failed to reach a verdict in the trial of a man accused of forcing a schoolboy to perform a sex act on him in a toilet in Limerick City two years ago.

The jury deliberated for seven and a half hours following the man’s trial, held at the Central Criminal Court, sitting in Limerick.

This Tuesday, the jury told the trial judge, Mr Justice Sean Gillane, that it was unable to reach a verdict that all or a majority of the jury could agree on.

Mr Justice Gillane said it would be unfair to continue asking the jury to continue its deliberations and recorded that they had “disagreed” on a verdict.

The man, who was 28 years old at the time, pleaded not guilty to one count of sexual assault, Section 4 rape of the complainant, who was almost 17 at the time.

The court heard the teen went into the toilet on his way to school on the morning in question and the man arrived into the toilet a short time later.

The complainant claimed the man led him by the hand into a cubicle and forced him to perform oral sex on him.

The prosecution, directed by senior counsel Lorcan Connolly, barrister Lily Buckley, and state solicitor Orla Farrell, argued the accused man was guilty of the “non-consensual penetration of the mouth of the complainant” on November 8, 2024.

The accused, represented by senior counsel Mark Nicholas, instructed by Kenny Keirns, and Kiely McCarthy Solicitors, accepted the complainant performed oral sex on him, but claimed the teen instigated it and willingly participated.

Under cross examination by Mr Nicholas, the complainant, now 18, agreed he did not protest when the man allegedly led him by the hand into a toilet cubicle. He also agreed that he did not turn his head away or try to stop the man.

The teen, who had registered on the Grindr dating app five days beforehand, the court heard, also agreed he did not protest or try to leave the cubicle.

The complainant also agreed he did not shout out or turn away during the alleged incident.

CCTV footage of an area near the toilets was played in court which showed the boy waiting around after the alleged assault.

The boy told the court he was waiting for the man to come out so he could take a photo of him for evidence, saying “I had just been raped”.

The boy said he went back to the toilets on two occasions a few minutes afterwards to “wash” his hands as he “felt dirty”.

Mr Nicholas argued these were not the actions of a frightened teenage boy who had just been raped in the same toilets.

The boy denied suggestions by Mr Nicholas that he was upset at being blanked by the man as they passed one another outside the toilets afterwards.

After washing his hands, the court heard, the boy continued on to school and made a disclosure of sexual assault, and a Garda probe was immediately launched.

The boy was examined that day at a sexual assault treatment centre. There were no physical signs of assault. Staff at the centre took a sample of a swab from the boy’s lips, which proved a match to the accused’s semen.

In his closing speech this Friday, Mr Nicholas suggested the allegations against the accused were “pure fantasy”. He reminded the jury that the boy had agreed under cross-examination that the accused had not threatened him prior to, during, or after the alleged incident.

Mr Connolly, prosecuting, argued that the boy did not shout out or try to leave as he was “scared”.He said the evidence should allow the jury to reach the “inescapable conclusion” that the accused is guilty.

Mr Connolly said the accused initially told Gardaí he could not remember interacting with the boy in the toilet, but later remembered.

None of the parties can be identified because of a court order.

The accused man was remanded on continuing bail for retrial at a later date.

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