Councillor to appeal sex assault conviction against teenage girl
A teenage girl who was sexually assaulted by a councillor will have to stand in the witness box once again.
It comes after Brian Duffin, who was jailed for four months at Antrim Magistrates Court last July, appealed his conviction.
On Tuesday the County Court was told the appeal hearing will be held on the 27th and 28th November 2018.
Judge Melody McReynolds freed Duffin on bail until then.
The 73-year-old man continues to sit as an independent on Antrim and Newtownabbey Borough Council.
Sentencing the pensioner from the Cargin Road in Toomebridge last month, District Judge Nigel Broderick said that despite Duffin's good character, "given the age and vulnerability of the injured party, I consider the custody threshold has been crossed."
The court heard how the father of 11 and grandfather of 19 had "stuck his tongue" into the mouth of the teenage girl, had one hand on her breast and the other on her inner thigh during the sexual assault.
During the four hour hearing, an hour long interview conducted by the police with the victim was played in court.
The teenager said Duffin sat down beside her on the sofa, even though there were other places to sit.
The girl said she was upset as she was talking about her ill grandfather with Duffin.
She said Duffin put his arm around her and asked her for a kiss, before grabbing her head and putting it towards his.
Estimating the attack lasted about 10 seconds, she said Duffin's tongue was "all around my mouth" when she managed to get up off the sofa.
She said neither of them spoke but Duffin took out his wallet and placed £40 on the table before walking out.
Under cross-examination from defence counsel Chris Sherard, the teenager denied suggestions that she had "misinterpreted what happened".
Giving evidence to the court on his own behalf, Duffin denied any wrongdoing.
He claimed he doesn't "have the foggiest idea" why the victim had made allegations against him.
When asked if he touched her breast, rubbed her arm, felt her leg or groped the teenager, Duffin simply replied, "no", to all.
While acknowledging Duffin's previous good character and references, Judge Broderick said allegations of sexual assault where it was one person's word against another were the "most difficult cases to resolve".
Judge Broderick said there were numerous aggravating factors involved in Duffin's offence, including that it was of a sexual nature, involved a minor, and that the 17-year-old had to come to court to give evidence.
In addition to the jail sentence, the judge imposed a five-year Sexual Offences Prevention Order, the terms of which include having no contact with anyone under 17 without approval of a risk manager, not to stay overnight at an address without approval, not to frequent facilities for children's education or play or loiter at same without approval.
Duffin must also sign the police sex offenders register for 7 years.