Man gets jail term for sexually assaulting staff member of Portadown sheltered housing facility

Jose Peneda, formerly a resident of the facility, faced two charges of sexually assaulting a woman in November last year.

Peneda contested the allegations against him at Craigavon Magistrates Court on Wednesday claiming he did not forcibly kiss the female staff member of November 4 last year nor sexually assault the same staff member a few days later.

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Peneda’s defence barrister, Conor Lunny, suggested to the alleged victim, under cross examination, that at no stage did the defendant kiss her on November 4 last year and that “it was only a hug”. The witness said: “That is incorrect. He did.”

The barrister further suggested that Peneda giving the victim a hug would “have been a normal, fairly regular occurrence and there was no sexual intent behind any of those hugs”. The witness said: “No.”

In relation to an alleged incident on November 7, the barrister suggested that it “didn’t happen at all”. The victim said: “It happened.” He further suggested that neither incident happened the way she described them in her statement. She said: “They did happen and they happened exactly as I described them.”

The barrister said: “I am instructed to put it to that you have made these up because you don’t like the defendant.” The victim replied: “That is incorrect.”

The prosecution called a second witness who also worked at the sheltered accommodation facility. Mr Lunny suggested to the witness that she didn’t see an incident on November 4 last year - “there was no kiss and you didn’t witness a kiss”, he said. The witness said: “I did witness it and I am telling the truth.”

The barrister further suggested that the incident a few days later on November 7 was not seen by the witness. She said: “I did see it happening. I am telling the truth."

Mr Lunny also suggested to the witness that she had made the allegations up "to help your friend out and because you don’t like the defendant”. The witness said: “That’s my work colleague and I am telling the truth.”

Peneda, who was testifying via video link from Maghaberry Prison via a Portuguese interpreter, denied ‘forcibly kissing’ the victim on November 4. Mr Lunny asked his client what he would say about the allegation that he “approached her and essentially pulled her legs apart, touching her thighs and you slid down to your knees”. Peneda said: “It is not true.”

The barrister asked why the victim and witness would say these things if they were not true. Peneda replied: “They didn’t like me to live there so they made this up just to put me out of the place.”

Under cross examination by the prosecutor, Mr Brady, Peneda said: “I didn’t kiss her. She is not my wife. I didn’t kiss her. I didn’t do any sexual assault.”

Mr Brady asked: “What were you doing going into the office giving someone a hug that doesn’t like you?” Peneda responded: “She used to talk to me and say hi to me. I never knew she didn’t like me so I would normally say hi and ask if everything was OK. It was just my way of being. I didn’t consider it to be sexual assault.”

Mr Brady asked: “Before this incident you were on friendly terms with the victim?” Peneda said: “Yes, we used to get along well.”

Mr Brady continued: “Yes you frequently visited the office and gave the alleged victim a hug?” Peneda said: “No it wasn’t frequently. At the time she was organising some of my stuff and the hug was a gesture of thank you.”

Mr Brady said the victim stated in her evidence she had told Peneda it was not acceptable behaviour and that she didn’t like him hugging her. He responded: “How could I know if I don’t speak English.” Mr Brady said: “I would suggest to you, Mr Peneda, that when a lady says ‘No’ you know that she means ‘No’ and she is not consenting.”

District Judge Bernie Kelly asked the defendant at what point the victim stopped being friendly and ‘didn’t like him’. Peneda responded: “I noticed something different. The way they were looking at me as if they didn’t want me there. I cannot say the date. I wasn’t feeling well at the time.”

District Judge Bernie Kelly said: “There is no reason given before me as to why a lady who was friendly and helpful towards Mr Peneda suddenly changed to dislike him sufficiently that they didn’t want him there anymore. I have heard the evidence of both prosecution witnesses and I accept that evidence in its entirety as being the truthful position in this case.”

Peneda was convicted of each of the charges. The district judge, pointing out the defendant has already served up to seven months in custody, said: “There is only one sentence this court can impose for this type of behaviour. You are not entitled to any credit for the way in which the matter proceeded.”

Peneda was given a five months jail term for each of the charges with the £25 offender levy attached to the first charge.

“I am going to order, given that these were two separate incidents, the periods of custody will run consecutively to each other – making it a total of 10 months in prison,” said the district judge adding the defendant must sign the Sex Offenders Register for seven years.