A CONVICTED sex offender has been given an 11-month suspended sentence for failing to comply with the terms of the Sex Offenders’ Register.
The former Franciscan brother received a 10-year sentence at Galway Circuit Court in June 2008 after pleading guilty to 18-sample charges of buggery and indecent assault on children in a primary school in Co Galway between 1967 and 1972.
At Mullingar District Court 68-year-old John Hannon, whose address cannot be published for legal reasons, interrupted Judge John Neilan while he made his order when Mr Hannon appeared to think he was facing prison, saying “I plead with you, judge, please.”
Sgt Brian Willoughby explained how Hannon had failed to inform gardaí that he had returned to the jurisdiction after being away for more than seven days.
It also emerged that gardaí, who have been “keeping a watch” on Hannon, were not informed of his departure or where he would be staying while he was out of the country between January 20th and February 2th of this year.
Judge Neilan said Hannon had “defeated the order of the court” through his non-compliance and had deprived this State and others “of being in a position to be on the alert.”
“Nobody knows where he was and a question hangs over the purpose of his journey,” said the judge.
Sgt Willoughby said he had subsequently been given the address in England and that investigations had shown up “nothing of consequence.”
Judge Neilan said it was not sufficient that John Hannon had contacted Gardaí immediately on his return.
“It makes a nonsense of the legislation if he leaves the State and if he comes back and decides to contact gardaí.”
Hannon said it had had been his “full intention” to alert gardaí but a letter which he had written had “just happened to remain in my pocket” and had not been posted.
On his return he heard the sergeant had called to his home and he immediately contacted the gardaí.
Judge Neilan refused to accept that explanation in light of the deprivation of freedom Hannon experienced as a result of a 10-year sentence which he said indicated “the seriousness with which the court viewed the offence.”
The pensioner was bound by “a strict liability” with “no room for manoeuvring,” he said.
“The onus rests on you to ensure gardaí are satisfied.” Describing the failure to comply as “a serious deviation from the law” the judge imposed an 11-month sentence.
He ordered the warrant not to issue subject to Hannon entering a recognisance for seven years on his own bond of €1,000.
If Hannon is convicted “of any offence on the Sex Offenders’ Register or any offence known to law then the first requirement is that you return to this court to see if this sentence should be activated.’’
Judge Neilan said there was good reason for making the order “as a strong and strict reminder” of the consequences of failing to observe the regulations set in the case.