A Pembroke man who indecently assaulted an 11-year-old girl received a suspended prison sentence yesterday.

Thirty-seven-year-old Colin Everest Gilbert breathed a sigh of relief as Pusine Judge the Hon. Mr. Justice Ward read out the sentence of nine months in prison suspended for a year.

He had earlier admitted to caressing the girl's thigh as she slept.

Crown Counsel Mr. Stephen Harrison said the incident occurred in August last year, when the girl spent a weekend with Gilbert and his wife.

She woke to feel a touch on her behind, he said. She tried to go to sleep again but Gilbert caressed her back in a "circular motion''.

He then pulled her underwear halfway down her buttocks.

The girl told Gilbert to leave her alone and pushed his hand away. But he then rubbed his hand up and down her left thigh. She then said "leave me alone'' in a louder voice.

The next morning the girl told Gilbert's wife what happened and she made her husband apologise.

She also told the girl not to tell anyone. But in September, last year, the victim revealed the incident.

But Gilbert's lawyer Mr. Archie Warner yesterday called the incident "an isolated act of misjudgement with no sexual overtones''.

"The defendant has said steadfastly he never had any sexual intentions,'' he said. "He said it was in the nature of offering comfort and reassurance to this young girl.'' He explained that Gilbert and his wife, who have no children, knew the girl was having a difficult time in her own home.

Mr. Warner also stressed that Gilbert "immediately desisted when he realised that his behaviour was unacceptable'' to the girl.

He also noted a clinical psychologist and psychiatrist found no suggestion of paedophiliac behaviour.

However, he admitted, a psychosocial report noted that Gilbert had "some difficulty in setting boundaries of acceptability and keeping within these boundaries''.

"This was an isolated act of misjudgment,'' Mr. Warner said. "The defendant clearly is remorseful as shown in the reports.

"He has pleaded guilty and as such has saved the court's time,'' Mr. Warner said. "He has saved the complainant the embarrassment of other psychological damage by not having to come and give evidence.'' "In terms of physical contact it is a relatively minor assault,'' he added, noting the offence would have been dealt with in Magistrates' Court if it were not for a time limit.

He suggested that Gilbert be placed on probation.

Before being sentenced Gilbert told Mr. Ward: "It was not my intention to offend the injured party or anyone else''.

Taking into account Gilbert's plea, "expression of remorse, and other mitigating factors, Mr. Ward said there was some conflict about what Gilbert actually did, but: "Whatever the act, it was clearly inappropriate''.

"... But considering the gravity of the offence and the need to protect young girls, I must sentence you to imprisonment for nine months, suspended for 12 months.''