Former Fianna Fáil councillor to be sentenced for harassment of a waitress

Olivia Kelleher

A former Fianna Fáil councillor who pleaded guilty to one count of harassment of a waitress in Cork city three years ago is set to be sentenced in November.

Joseph O’Donovan, formerly known as Gary O’Flynn, harassed the 25-year-old woman on three occasions in late July/early August 2022.

Mr O’Donovan appeared before Cork District Court on Friday for the finalisation of his case. Defence solicitor Aoife Buttimer handed psychiatric and probation reports in to the court for the consideration of the judge.

Judge Mary Dorgan further adjourned the case for sentencing on November 7th next. Mr O’Donovan was remanded on bail until his next court appearance.

The court previously heard evidence from Sgt John Kelleher who said that the offending behaviour first started on July 30th, 2022, when Mr O’Donovan went to a restaurant in Cork city. He was drinking wine and stayed for two hours.

The 49-year-old told a waitress that she was the “nicest and prettiest girl” he had ever seen. He also kissed her hand, tried to get her phone number and stared at her both in the restaurant and through the window outside.

Mr O’Donovan of Melvindale House, Coolowen in Blarney, Co Cork returned to the restaurant on August 1st, 2022.

Sgt Kelleher said that Mr O’Donovan wanted to be served by the same waitress. He ordered food and wine. The waitress felt that he was continuously staring in her direction. He again took her hand and kissed it.

He breathed in to her ear and said "Meet me outside for a tip and I better get your phone number for it.”

The court heard that Mr O’Donovan then went outside and started staring in the window. Sgt Kelleher said the waitress went out and told the accused that he wasn’t welcome and should leave.

“He (Mr O’Donovan) went back in again and asked (the waitress) could he see her again. He was asked to leave by management. He threw a fifty euro note at the waitress.”

Mr O’Donovan returned to the restaurant on August 6th, 2022, at around 10.30pm when the premises was near closing. The waitress told him to leave and Mr O’Donovan said that he was ‘sorry’ and that he ‘couldn’t help it.’

Mr O’Donovan was arrested later that month. He told gardai he thought young woman was “very pretty” and that he kissed her hand in a manner seen in movies. He claimed that he had carried out the gesture out of politeness and courtesy.

Mr O’Donovan said that he thought his interactions with the woman were “congenial.” He claimed that he never meant to upset her.He insisted he was very sorry for what had occurred.

The court heard that Mr O’Donovan has 26 convictions including soliciting a person to murder three people, one of whom was a Garda Siochana.

He was jailed for five years with the last three years suspended in April 2015 after he pleaded guilty to soliciting someone to kill the three individuals.

Other convictions including offences such as deception, making gains, using a false instrument and public order.

The young woman who was harassed by by Mr O’Donovan previously gave a victim impact statement in which she said that the accused felt that his desire outweighted her right to say no.

“He threw money around as if that gave him the right to harass me. His actions were not misunderstandings they were deliberate. He ignored every boundary and pushed further each time.

"It wasn’t harmless. It was obsessive and it left me terrified in places that I used to feel safe.”

Mr O’Donovan hasn’t had any contact, direct or indirect, with the complainant over the last three years. He has also given an undertaking to the court to stay away from the woman and her family.

Mr O'Donovan is the son of former TD, Noel O’Flynn who served in the constituency of Cork North Central from 1997 until his retirement in 2011. He recently returned to politics at council level.

Joseph O’Donovan, when he was known as Gary O’Flynn, was a sitting councillor in Cork city from 2003 to 2008. The former solicitor took his father’s old seat on the council in 2003 when the dual mandate ban came in to force.

He concluded his political career five years later.