Man who approached boy (2), took his hand and called him ‘sexy’ avoids jail

Court presenter Inspector Tony O’Sullivan told Fermoy District Court that the boy was walking with his mother along Lower Cork Street in Mitchelstown, Co. Cork on April 20, 2023 when the incident occurred.

Giving evidence, the boy’s mother told the court that it was a sunny day and she was walking along the busy street at about 3pm with her son who was holding her hand.

She told the court that someone came up behind them and “tugged” at her son. The person then said “come on little boy” twice while holding on to his hand.

The boy’s mother said she turned expecting to see somebody she knew only to be confronted by Aivaras Dvaranauskas, 37, of Richmond Hill, Fermoy, Co. Cork, a complete stranger.

She said that she told him to leave her son alone at which point Dvaranauskas raised his hands and said: “I just say hi sexy boy.”

The boy’s mother said that she was in shock at what had happened and called her brother to come and pick them up. Soon afterwards she met her sister who was walking along the same street and she told her what happened.

The boy’s aunt told the court that when she met her sister she was crying and very upset at what had happened. She said that she just “saw red” and went after Mr Dvaranauskas to take a photo of him on her phone.

She said that when she saw him coming out of the Dealz store in Mitchelstown, he smelled of alcohol. She took a photo of him and the two sisters then went to Mitchelstown Garda Station and reported the incident.

Defence solicitor Matthew Bermingham said that his client denied using the word “sexy” in relation to the child. He also added that the behaviour could be considered insulting but not threatening.

Judge Colm Roberts said: “I can’t see how trying to take a child away from someone is not threatening. It’s quite clear that his mother was shocked and upset.

“This is a young child we are talking about. Mr Dvaranauskas probably had drink taken and probably didn’t known what he was doing but that doesn’t make the impact of his behaviour any less.”

The court heard that Mr Dvaranauskas had 11 previous convictions and worked for a car valet outlet as well as for a local farmer.

Judge Roberts convicted him of threatening and abusive behaviour and sentenced him to one month in prison, suspended for two years.

The sentence was suspended on condition that Mr Dvaranauskas stays away from the woman and her child and remains sober in public.