Sex offender in court after failing to tell Gardai he returned to Donegal

November 5, 2024

A registered sex offender who came back to Donegal after a period abroad has appeared in court after failing to notify Gardai of his return.

The man, who is aged in his 40s and cannot be named due to a restriction imposed by the court, was before Letterkenny District Court.

The accused was aided by an interpreter throughout the hearing.

He is charged that on a date unknown between October 2022 and June 2024 within the jurisdiction of the State, being a person to whom Part 2 of the Sex Offenders Act, 2001 applied, did fail to notify An Garda Siochana of his return to an address in the State, having immediately prior to such return been outside of the State for a continuous period of seven days or more and within seven days of such return as returned by the provisions of section 10 (2) of the said act.

The charge is contrary to section 12 (1)(a) and (3) of the Sex Offenders Act, 2001 as amended by Section 13 of the Criminal Law (Human Trafficking) Act, 2008.

Sergeant Gerard Dalton told the court that the man has been monitored for a number of years as a registered sex offender. Sergeant Dalton said the man was arrested and cautioned.

The man was previously prosecuted for a similar offence and ordered to pay €500 on that occasion.

The court heard that the Director of Public Prosecutions (DPP) has directed that the matter can be dealt with summarily in the District Court.

Judge Éiteáin Cunningham accepted jurisdiction. Judge Cunningham said she was, however, cognisant that this was not the man’s first time charged with a similar offence.

The man’s solicitor, Mr Rory O’Brien, said there was a guilty plea from his client.

Mr O’Brien said the accused man was convicted 20 years ago in another country.

“He simply overlooked this and was unaware of certain requirements imposed on him” Mr O’Brien said, adding that his client’s oversight was due to “disorganisation in his life and in his head”. Mr O’Brien said his client found himself in custody in another jurisdiction and a warrant issued upon his return to Ireland.

Mr O’Brien said: “He generally keeps under the radar and he has apologised to the Gardai.”

“They are serious matters,” Judge Cunningham said.

Judge Cunningham, saying that she wanted to know the level of understanding the accused has in terms of the requirements, directed that a probation and welfare report be prepared.

The man, who also faces a criminal damage charge, was remanded on bail to appear before the court on January 27, 2025.

A reporting restriction was granted, preventing the man from being named at this point, but Judge Cunningham indicated that this would be a “temporary” restriction.

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