This article is from page 32 of the 2013-10-01 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 32 JPG
A CONVICTED rapist who failed to tell gardaí in Ennis he had moved address last month has received a suspended sentence.
At Ennis District Court on Wednesday, Judge Patrick Durcan warned the man that if he again failed to comply with his obligations under the Sex Offender’s Act, he would go to jail.
The 41-year-old man pleaded guilty to failing to notify gardaí of a change in his Ennis address in September, as required under the Sex Offenders’ Act (2001).
This is the second time in 12 months the man has committed such an offence.
Last September he spent three weeks living rough near the River Fergus after leaving rented accommodation.
At the time gardaí admitted they were extremely concerned when the man fell of their radar. He subsequently received a two-month prison sentence that was suspended for two years.
On Wednesday, Detective Garda John Casey of Ennis Garda Station, told the court the man was convicted in April 2005 of the sexual assault of a male and rape contrary to Section 4 of the Criminal Law (Rape) (Amendment) Act 1990.
The man moved to Clare in 2010 whereupon gardaí explained to him that he was required to tell them of any change in his living arrangements.
Defence solicitor John Casey told the court his client was between accommodation at the time.
He said the man slept in a garden shed at the rear of his former house while his new accommodation was being renovated.
Mr Casey said that if his client was sent to prison he would lose his accommodation, possessions and go back to “square one”.
“For someone like him to get permanent accommodation would be very difficult”, he added.
Judge Patrick Durcan said the accused is “someone who has fallen to the bottom of the barrel, very considerably.”
However Judge Durcan added, “It is incumbent on the defendant to comply strongly with obligations imposed on him by statute.”
Noting that the man had spent the past week in prison having been remanded in custody, Judge Durcan imposed a four-month sentence, suspended for two years.
He also decided not to activate the suspended sentence handed down last November.
Warning the accused as to his future behaviour Judge Durcan added, “If non-compliance is proven, I will put you into prison.”