GARDAÍ called to the address given to them by a man who served a sentence for attempted rape to find that he no longer lived there and now he has been jailed for a further three months.
Judge Olann Kelleher sentenced the young man to three months for his failure to notify gardaí as required under the terms of the Sex Offenders Register.
As the sentence was imposed on the man who appeared at Cork District Court by video link from prison there was a tearful outburst from his mother at the back of the courtroom.
She said, “He done seven years for something he didn’t do. And it’s still going on. It is unfair.”
The woman left the courtroom with a garda who was on duty in court. The defendant in the case is not named for legal reasons.
Sergeant Gearóid Davis said the defendant was convicted of attempted rape almost 10 years ago and his name is on the Sex Offenders Register.
Since his release from prison in 2019 at the end of his sentence he was required to notify gardaí where he was living. Detective Garda David Hickey called to the address in the Wilton area of Cork on September 5 last to be told that the young man had left that house.
Gardaí discovered by September 29 that he was homeless and had no fixed address but Sgt. Davis said, “He had not made any effort to get in contact.”
Frank Buttimer, solicitor, said, “He is guilty but it is a limited guilty. Technically, he was guilty. On September 5 he became homeless. He had been living at (the Wilton address). He became homeless in effect.
“He made contact with gardaí. He was told by the guards that homelessness was not an excuse for non-compliance. If he had simply told them he was homeless he would have been compliant. Homelessness did not exempt him. So he kept in contact with the gardaí since September.”
Judge Kelleher said, “The bottom line is that since September 5 he is homeless, but he did not contact the guards for three weeks. He did not notify the gardaí of a change of address. This is a criminal offence.
“The guards had to chase him. It is a serious matter for a man with a conviction like he has. I sentence him to three months in prison.”