
Ex-FF councillor harassed waitress at work, stared in window of restaurant and kissed hand, court told
A young waitress was harassed at work by a former councillor who told her she was the 'prettiest girl' he had ever seen, kissed her hand, tried to get her phone number and stared at her both in the restaurant and through the window outside, a court has heard.
Joseph O'Donovan, formerly known as Gary O'Flynn, appeared before Cork District Court on Friday, having previously pleaded guilty to one count of harassment.
Sgt John Kelleher told the court that Mr O'Donovan (49), a former Fianna Fáil councillor, went to a restaurant in Cork City on July 30th, 2022. He stayed for two hours during which time he was drinking wine. He flagged down a 25-year-old waitress and kissed her on the hand telling her she was 'the nicest and prettiest girl he had ever seen.'
He continued to engage the woman in conversation while in the restaurant. His behaviour made her deeply uneasy, the court heard.
READ MORE
Mr O'Donovan of Melvindale House, Coolowen in Blarney, Co Cork returned to the restaurant on August 1st, 2022.
Sgt Kelleher said Mr O'Donovan wanted to be served by the same waitress. The waitress felt 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 Mr O'Donovan then went outside and started staring in the window. Sgt Kelleher said the waitress went out, told the accused 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 €50 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 he was 'sorry' and he 'couldn't help it'.
He was arrested later that month. He claimed he had carried out the gesture out of politeness and courtesy.
He said he thought his interactions with the woman were 'congenial' . He insisted he was very sorry for what had occurred.
Sgt Kelleher detailed the accused's 26 previous convictions. He said the most serious involved Mr O'Donovan soliciting a person to murder three people, one of whom was a Garda.
The young woman who was harassed by Mr O'Donovan opted to give her own victim impact statement.
'For three years I have never stopped looking over my shoulder when I heard steps behind me,' she said. 'This man [O'Donovan] looked me in the eye and called himself a creep. This man looked me in the eyes and called himself a stalker. Then laughed about it.'
She said the accused felt his 'desire' outweighed her right to say 'no.'
'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.'
She added she would never forget Mr O'Donovan's 'stares, his weird comments or the way he would linger and wait.'
Judge Mary Dorgan remanded Mr O'Donovan on bail until October 3rd next when sentencing will be finalised.
Mr O'Donovan is the son of former TD, Noel O'Flynn.

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Sunday World
3 hours ago
- Sunday World
Former Fianna Fáil councillor harassed waitress, leaving her in fear, court hears
'For three years I have never stopped looking over my shoulder when I heard steps behind me' A young waitress was harassed at work by a former councillor who told her that she was the 'prettiest girl' he had ever seen, kissed her hand, tried to get her phone number and and stared at her both in the restaurant and through the window outside, a court has heard. Joseph O'Donovan, formerly known as Gary O'Flynn, appeared before Cork District Court today having previously pleaded guilty to one count of harassment. The harassment occurred on three occasions in late July/early August 2022. Sgt John Kelleher told the court that Mr O'Donovan (49) went to a restaurant in Cork city centre on July 30th, 2022. He stayed for two hours during which time he was drinking wine. Joseph O'Donovan, who changed his name from Gary O'Flynn. Photo: Daragh Mc Sweeney/Cork Courts Ltd News in 90 Seconds - June 27th He flagged down a 25 year old waitress and kissed her on the hand telling he that she was 'the nicest and prettiest girl he had ever seen.' He continued to engage the young woman in conversation whilst he was in the restaurant. His behaviour made her deeply uneasy. 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. The former Fianna Fáil councillor said that he thought his interactions with the woman were 'congenial.' He claimed that he never meant to upset her. He added that he believed that he was simply flirting with the restaurant worker. He insisted he was very sorry for what had occurred. Sgt Kelleher detailed the previous convictions of the accused. He said the most serious of those 26 convictions involved Mr O'Donovan soliciting a person to murder three people, one of whom was a Garda Siochana. Sgt Kelleher told Judge Mary Dorgan that Mr O'Donovan 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 Mr O'Donovan opted to give her own victim impact statement. She said that she had waited three years to have her say in court about what happened to her. 'For three years I have never stopped looking over my shoulder when I heard steps behind me. This man (O'Donovan) looked me in the eye and called himself a creep. This man looked me in the eyes and called himself a stalker. Then laughed about it. 'Laughter with a laugh that still makes me recoil in fear to this day. That moment has never left me. Because I that moment I realised I wasn't dealing with someone who didn't understand boundaries, but someone who chose to violate them.' She said that the accused felt that his 'desire' outweighed 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.' She added that she would never forget Mr O'Donovan's 'stares, his weird comments or the way he would linger and wait.' Judge Mary Dorgan thanked the woman for coming to court and for making a 'powerful' victim impact statement. Defence solicitor, Frank Buttimer , said that his client was hugely remorseful for his actions, He said that whilst he wasn't in any minimising what occurred the offences were viewed by the DPP as being 'minor' in nature. Mr Buttimer said that he had certain concerns about aspects of the victim impact statement. He added that his client went to the restaurant on the third occasion in order to apologise to the young woman. Mr Buttimer acknowledged that the accused had 'failed to read the situation properly.' 'If he never went to the premises again I believe we wouldn't be here.' Mr Buttimer said that the the case was struck out in 2023 because of a failure to make progress only for it be subsequently re entered. He said that his client was suffering from an 'over reliance on alcohol' at the time of the offence. Mr O'Flynn has a history of depression and anxiety and is on the autistic spectrum. Mr O'Donovan hasn't had any contact, direct or indirect, with the complainant over the last three years. He gave an undertaking to the court to stay away from the woman and her family. Judge Mary Dorgan remanded Mr O'Donovan on bail until October 3rd next when sentencing will be finalised. Up to date reports will be prepared in the interim. 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 with his seat going to his brother, Ken who recently became an Independent Ireland TD in Cork North Central. Noel O'Flynn has taken up the city council seat vacated by his son Ken.


Irish Times
4 hours ago
- Irish Times
Charity finance manager who raised concerns over accounts awarded €35,000 for dismissal
A charity has been ordered to pay its former finance manager nearly €35,000 for dismissing him 'wholly or mainly' because he voiced fears its accounts might not stand up to an audit. The Workplace Relations Commission (WRC) ruled that an email from the employee, a chartered accountant, looking for 'extra time' to investigate a loss of €33,000, sparked an 'adverse' response from its former chief executive. In a ruling just published, the WRC held back the charity's identity, despite the complainant's objections to holding the case in private, citing the nature of its work and the potential that a Garda probe into allegations of 'criminal conduct and financial irregularities' might be prejudiced. The charity asked that the case be entirely anonymised on the grounds that 'negative publicity' would lead to those using its services losing confidence. READ MORE The accountant, who represented himself before the WRC in March said he took up work with the charity as an independent contractor in June 2023 and joined its staff on September 30th that year. The charity's previous finance manager had been out sick before leaving the organisation, while an accounts assistant also left in October 2023, leaving the complainant responsible for the bookkeeping and payroll, and dealing with creditors as well, the tribunal heard. On October 26th, 2023, the complainant said, he told a board member, Mr A, he would have management accounts available 'as soon as possible' in response to a query. The organisation's chief executive wrote the following day, the eve of the October bank holiday weekend, asking after the accounts and stating they had been due the previous day. The claimant replied that he was looking into a 'draft loss of €33,000' and had identified matters requiring 'explanation and correction'. 'I must do a thorough clean up now in order to pass audit by end of January 2024. I need some extra time please,' the email concluded. When the chief executive said the board member would come to the office the following Tuesday to 'assist with the anomalies in the management accounts' the claimant expressed concerns about independence, the email thread submitted to the WRC read. The chief executive said he was 'comfortable' with the board member assisting. The complainant told the WRC the costs were being treated as current liabilities on the balance sheet and he was not confident they were being posted correctly. 'Substantial payments leaving the bank account in October 2023 triggered the query, and there was a snowball effect from there,' he said in his evidence, adding that he 'wanted to see what else was outstanding'. The claimant said he 'wasn't sure' at the time whether or not there was wrongdoing afoot at the charity but he was 'confident that company law was not being complied with and that books and records were not being kept, which is an offence'. He added that when he used the phrase 'pass audit' he 'did not do that lightly'. 'Accounts don't lie,' he said, adding that if he was in the place of his boss, he would have seen it as a 'red flag' and given more time to examine the matter instead of dismissing him. He called in sick the Tuesday after the bank holiday. The chief executive wrote to him on Thursday, November 2nd terminating his probationary employment with immediate effect. He had been a direct employee of the charity for just over a month. He also made formal written complaints to the Garda Fraud Squad, and the Charities Regulator the tribunal heard. The respondent's lawyers submitted that these complaints cited 'alleged misappropriation of funds by the CEO'. Una Clifford BL instructed by John Carroll of Crowley Millar Solicitors, for the charity, argued that the email was not a protected disclosure, but 'just another excuse' for delay due to 'poor performance'. The board member, Mr A, said he was an accountant himself and did not consider the complainant 'competent' in the role. Mr A accepted the accounts 'required improvement' but said they were not in 'as bad a state' as the complainant alleged. The chief executive, in his evidence, denied the email of October 27th was a protected disclosure. He said concerns were raised at a board meeting on Wednesday, November 1st about the complainant having 'inappropriate contact with service users', 'having his feet on the desk' and an 'issue' with Garda vetting. The accountant was terminated for poor performance, he added. The witness said the claimant had 'disobeyed a direct reasonable instruction' about going to a Friday coffee morning with service users. The claimant said he only ever went in the company of a professional employed by the charity. The tribunal also heard that in the days between the claimant writing his email and being dismissed, the charity's board discussed his Garda vetting application and noted in its minutes that he was 'not forthcoming' when he filled out the form. The claimant told the WRC that he had been bogged down with work and was delayed in submitting the application – but that in any event, the Garda vetting bureau had advised him he did not need to be vetted. He accepted when questioned that vetting was a term of his contract, but asked in response why he had been 'allowed on site without Garda vetting'. Adjudicator Michael MacNamee wrote that when he heard the evidence on the question of alleged inappropriate contact with service users, he was 'left with the impression that it was far less serious than was suggested in the submissions'. It lacked 'credibility' as a reason for dismissal, he added. Any issue around Garda vetting was 'no longer live' by the time it was brought before the board, he added. The adjudicator noted that both Mr A and the complainant were accountants, but neither could be said to be independent, so there was no independent expert evidence before him on the accounts. He concluded on the balance of probabilities that the charity had failed to rebut the presumption that the claimant had a 'reasonable belief that the accounts were not being kept in accordance with the legal requirements'. He concluded that the email of October 27th, 2023 from the complainant was a protected disclosure, and that this 'started a chain reaction which led directly to the complainant's dismissal'. The WRC ruled that the accountant's dismissal 'resulted wholly or mainly from the making by him of a protected disclosure'. Whatever concerns the chief executive had about the worker's performance 'whether justified or not', there was no written record of anything serious enough to require more than some 'coaching', the adjudicator wrote. He found the chief executive had a 'strong adverse reaction' to the email of October 27th, 2023 which was exacerbated by the complainant's emails pushing back on allowing Mr A becoming involved, and leading ultimately to the chief executive's patience running out. He ruled the worker was unfairly dismissed and awarded him €34,737 in compensation.


Irish Times
5 hours ago
- Irish Times
Ex-FF councillor harassed waitress at work, stared in window of restaurant and kissed hand, court told
A young waitress was harassed at work by a former councillor who told her she was the 'prettiest girl' he had ever seen, kissed her hand, tried to get her phone number and stared at her both in the restaurant and through the window outside, a court has heard. Joseph O'Donovan, formerly known as Gary O'Flynn, appeared before Cork District Court on Friday, having previously pleaded guilty to one count of harassment. Sgt John Kelleher told the court that Mr O'Donovan (49), a former Fianna Fáil councillor, went to a restaurant in Cork City on July 30th, 2022. He stayed for two hours during which time he was drinking wine. He flagged down a 25-year-old waitress and kissed her on the hand telling her she was 'the nicest and prettiest girl he had ever seen.' He continued to engage the woman in conversation while in the restaurant. His behaviour made her deeply uneasy, the court heard. READ MORE Mr O'Donovan of Melvindale House, Coolowen in Blarney, Co Cork returned to the restaurant on August 1st, 2022. Sgt Kelleher said Mr O'Donovan wanted to be served by the same waitress. The waitress felt 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 Mr O'Donovan then went outside and started staring in the window. Sgt Kelleher said the waitress went out, told the accused 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 €50 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 he was 'sorry' and he 'couldn't help it'. He was arrested later that month. He claimed he had carried out the gesture out of politeness and courtesy. He said he thought his interactions with the woman were 'congenial' . He insisted he was very sorry for what had occurred. Sgt Kelleher detailed the accused's 26 previous convictions. He said the most serious involved Mr O'Donovan soliciting a person to murder three people, one of whom was a Garda. The young woman who was harassed by Mr O'Donovan opted to give her own victim impact statement. 'For three years I have never stopped looking over my shoulder when I heard steps behind me,' she said. 'This man [O'Donovan] looked me in the eye and called himself a creep. This man looked me in the eyes and called himself a stalker. Then laughed about it.' She said the accused felt his 'desire' outweighed her right to say 'no.' '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.' She added she would never forget Mr O'Donovan's 'stares, his weird comments or the way he would linger and wait.' Judge Mary Dorgan remanded Mr O'Donovan on bail until October 3rd next when sentencing will be finalised. Mr O'Donovan is the son of former TD, Noel O'Flynn.