Man asks to be deregistered as a sex offender

Man who left prison 12 years ago applies to court in what is thought to be first case of kind

Judge Nolan agreed to hear the case, ordered a probation report and set a hearing date for May 6th

Judge Nolan agreed to hear the case, ordered a probation report and set a hearing date for May 6th

 

A convicted man has asked a court to be deregistered as a sex offender in what is believed to be the first case of its kind.

The man pleaded guilty in 1998 and 1999 at Dublin Circuit Criminal Court to sexual offences and received a four-year sentence.

In 2001 a law was introduced stating that anyone jailed for sexual offences must register their name and address with their local Garda station and inform gardaí of any change of address and if they plan to leave the country for an extended period.

Anyone sentenced to more than two years must register with gardaí for the rest of their life. The law was retroactive, meaning it also applied to sex offenders jailed before 2001.

On Thursday counsel for the man, Luigi Rea, brought an application under Section 11 of the 2001 Sex Offenders Act which states that an offender may apply for these requirements to be lifted “on the grounds that the interests of the common good are no longer served by his or her continuing to be subject to them.”.

The person must wait for at least 10 years after their release from prison to make such an application.

Mr Rea said his client originally asked him to make the application two years ago but he advised him to wait, meaning the man has now been out of prison for 12 years.

Judge Martin Nolan said he assumed the State was anxious to answer the application with Garda evidence on the man’s conduct since his release.

“I presume the criteria is if the offender presents an ongoing risk to society,” the judge said.

The defence asked that a probation report be prepared ahead of any hearing to assess the man’s current state.

Judge Nolan agreed to hear the case, ordered a probation report and set a hearing date for May 6th.

The judge said the man’s name should not be published in the press at this stage. Mr Rea said it would be his wish that the man remains anonymous throughout the proceedings. The judge said this matter can be dealt with on the hearing date.